( 1 ) THIS is an appeal under the Letters Patent filed1 by defendants 1 to 5 against the judgment of Mr. Justice Viswanatha Sastry dated 1-7-1955 in A. S. No. 475 of 1950 reversing the decision of the Subordinate Judge of Bapatla and decreeing the suit with costs.

( 2 ) THE suit properties are the lands and house sites described in Schedules A, b, C and D annexed in the plaint. Plaintiff, Makkena Sitaramamma, asks for two alternative reliefs:1. 1/3 share in A and B schedules after partitioning and 1/2 share in D schedule; or 2. The whole of C schedule with mesne profits of Rs. 300 and 1/2 of D schedule. The admitted and indisputable facts of the case are; The Makkena family and the Kakarla family of Thakkellapadu, Ongole Taluk are related to each other. There have been marriage alliances between the two families for a long time. Plaintiff, Sitaramamma, is the widow of Makkena Kotiah who died in or about 1938. Kotiahs divided brother is Seshaiah (6th defendant) and the mother is Seshamma (7th defendant ). She died during the pendency of the suit. The other defendants 1 to 5 are members of the Kakarla family. Defendants 1, 2 and 4 are brothers. 2nd defendants son is the 3r