(Appeal under Section 100 of CPC against the decree in A.S. No.109 of 1988 dated 30/07/1996 on the file of the Court of the 1st Additional District and Sessions Judge, Krishna at Machilipatnam preferred against the decree in O.S. No.552 of 82 dated 31/08/1988 on the file of the Court of the 1st Additional District Munsif Machilipatnam Krishna District.)

Immovable property bearing house No.578 with appurtenant land of 521 square yards in Ward No.7 (ward No.30 new) situated at Malakapatnam of Machilipatnam in Krishna District was the ancestral property of one Subbamma, W/o. Nathaniel. She executed registered gift deed, dated 20.04.1965 in favour of her son, Nadakuduru Raja Rao, S/o. Nathaniel. He had three sons, namely, Prabhakara Rao, Vijaya Kumar and Kamala Kumar. Along with his two sons except Kamala Kumar, Raja Rao executed registered sale deed, dated 12.02.1979 in favour of one Brahmaiah. After his death, his wife, Victoria sold the property to Jujjavarapu Yesu Rao (plaintiff) under registered sale deed, dated 16.08.1982 duly delivering possession to him. On 30.12.1982, Kamala Kumar, third son of Raja Rao, S/o. Nathaniel, filed O.S.No.552 of 1982 for partition and sep