( 1 ) THE Judgment of the Court was delivered by the Hon ble The Chief justice. This is a defendant s appeal against the decree and judgment of the learned Judge of Guntur in O. S. No. 4 of 1948, a suit filed by the 1st respondent for partition of the plaint schedule properties. The following genealogy may usefully be referred to for appreciating the facts and the contentions of the parties.

( 2 ) THE persons shown in the genealogy comprise a joint Hindu family. The 2nd defendant s husband, Krishnamacharyulu predeceased his father venkataramanujacharyulu, leaving his widow 2nd defendant and daughters defendants 3 and 4. Venkata Ramanujacharyulu died in the later part of the year 1947. The plaintiff, claiming items 6 to 12 of the plaint A schedule as joint family properties and items 1 to 5 as having been acquired from and out of the income of the said properties, filed the suit for partition and for possession of his half share therein. The 1st defendant pleaded that items 6 to 12 were archaka service inams and were not partible, that items 1 to 5 were purchased by his father from and out of the income carried by him as a physician and as a musician and that his father had dispose

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