1. These two second appeals arise out of the decree and judgment dated 21.11.2003 passed by the VI Additional District Judge, (Fast Track Court), East Godavari District, Rajahmundry in A.S.No.220 of 1998 confirming the decree and judgment dated 11.09.1998 passed by the Senior Civil Judge, Amalapuram in O.S.No.28 of 1991.

2. S.A.No.59 of 2004 is filed by the plaintiff, whereas S.A.No.831 of 2004 is filed by the first defendant. Since these two appeals arise out of the same decree and judgment and the contesting parties being the same, they are disposed of by the following common judgment.

3. I have heard Sri T.S.Anand, learned counsel for the appellants/plaintiffs in S.A.No.59 of 2004 and Sri V.L.N.G.K.Murthy, learned counsel appearing for the appellants/first defendant in S.A.No.831 of 2004.

4. For the sake of convenience, the parties will be referred as “the plaintiffs and the defendants.”

5. The first plaintiff filed the suit for partition of her half share in the schedule mentioned properties and for partition of the same and to convert her joint possession into separate possession of her share and to declare the second plaintiff’s 1/9th share out of the undivided one half of the plaint schedule properties and for passing final decree, for delivery of plaintiffs separate share by evicting the defendants as per necessity and for accounting of the profits from the date of suit till the delivery of possession by defendants 1, 9 to 12.

6. The brief averments of the plaint are as follows:

The second plaintiff is the daughter of the first plaintiff, the defendants 1 to 7 and father of 8th defendant late Satyanarayana Murthy are the issues of the first plaintiff through her husband Venkata Suryanarayanamurthy. Suryanarayana Murthy died three years prior to the filing of the suit. 8th defendant is the only survived issue of late Suryanarayana Murthy. The first plaintiff’s mother Ayyagari Venkata Ramanamma, wife of Satyanarayana Murthy and her sister Devaguptapu Mahalakshmamma Wife of Suryanarayana Murthy died. Mahalakshmamma died subsequent to the demise of Venkata Ramanamma. Their sister is one Athukuri Satyavathi. A.Veera Venkata Lakshmi Suryanarayana Murthy is the husband of Satyavathi. A.V.V.Lakshmi Suryanarayana Murthy died about 25 years prior to the filing of the suit. A.V.Ramanamma and Mahalakshmi were living along with the first plaintiff and her husband at Anatavaram. The first plaintiff’s husband Venkata Suryanarayana Murthy worked as Village Karanam till 1982. A.V.V.L.Suryanarayana Murthy executed a registered sale deed dated 20.01.1950 while in sound and disposing state of mind in respect of the plaint schedule property which was his self acquired property. He bequeathed all of his properties in favour of his wife for his life and the vested reminder in favour of the person if any was adopted by his wife Satyavathi. After the death of A.V.V.Lakshmi Suryanarayana Murthy, Satyavathi came into possession of her husband’s property. Satyavathi executed a registered Will dated 01.07.1956 in a sound and disposing state of mind and she died about 15 years prior to filing of the suit. Under the said Will, she bequeathed her property in favour of her sister Venkata Ramanamma and Mahalakshmamma in equal halves. In the said Will, she imposed a condition for development of property of Mahalakshmi in favour of the grand children of Venkata Ramanamma in case of death of Venkata Ramanamma during the life time ofMahalakshmamma. But Mahalakshmamma died issueless. After Venkata Ramanamma, Mahalakshmamma’s husband also pre-deceased her. After the demise of Satyavathi and Mahalakshmamma, the first plaintiff’s mother Venkata Ramanamma came into possession of the plaint schedule properties and used to manage them. Unfortunately both the legatees under the Will i.e. Venkata Ramanamma and Mahalakshmamma predeceased the testratrix Satyavathi. After the demise of Satyavathi, the first plaintiff became entitled to the undivided share i