These two appeals are being disposed of by this common judgment as they arise out of judgment and decree in 0.5.No.35 of 1980, dated 29-04-1988, of the Court of the Principal Subordinate Judge, Narasaraopet, Guntur District. AS.No.1887 of 1988 is filed by defendants 16, 17 and 18, and A.S. No. 1433 of 1989 is filed by defendants 4, 13 and 14. By impugned judgment learned trial Judge decreed suit filed by first respondent in both appeals for partition and possession of plaint A, Band C schedule properties, rejecting claim of appellants in AS.No.1433 of 1989, which was based on the Will and also rejecting the claim of the predecessor of appellants in AS.No.1887 of 1988, which was based on agreement of sale in respect of item No.1 of plaint A schedule properties. In these appeals, for convenience, parties are referred to by their status in the suit.

2. Plaintiff - Koteswaramma and defendants 1 to 3, Chandra Seethamma, Malempati Radha Krishna Murthy and Chandra Ranganayakamma, are children of Malempati Kondaiah through his first wife. She passed away in 1945. In 1950 there was a partition between Kondaiah and second defendant. Plaint A schedule properties fell to share of father