VISWANATHA SASTRI, J. :- This is an appeal from the decree of dismissal of O. S. No. 8 of 1942 on the file of the Court of the Subordinate Judge of Vijayawada brought by the plaintiffs for the recovery of possession of a half share in the A schedule properties with mesne profits, or, in the alternative, for a half share of the amounts realised in Court sales in which the properties were sold, if the sales themselves could not be set aside.

2. Sitaramayya Garu, an affluent pleader of Bezwada, died in 1905 leaving an adopted son, the first defendant, who inherited his properties. By his first wife, Satyavatamma who died in 1919, the first defendant had two sons, the elder of whom is the third defendant, the younger Kesavarow having died before suit. By his second wife, Venkatalakshmamma who died on 12th April, 1934, the first defendant had four sons of whom one died an infant and another was adopted into another family; the remaining two sons are the plaintiffs. The first plaintiff was born on 18th June, 1922 and the second on 2nd February, 1925 and the suit was filed on 23rd January, 1941. The first defendant died on 14th November, 1945, pending the suit. During his lifetime