KRISHNA RAO, J. : -

This is an appeal by the defendants from the preliminary decree made by the Court of the Subordinate Judge, of Kurnool in O. S. No. 25 of 1951, for partition and delivery of possession of the plaintiffs half share in the suit properties. The plaintiffs claim was based on her being the 1st defendants co-widow, their husband Kedari Rao having died without leaving any male issue about the beginning of 1915.

The 2nd defendant was the purchaser of the plaint A schedule property, consisting of a house at Kurnool under the sale deed Ex. B-3 executed on 30-10-1944 by the 1st defendant and her daughter Seetha Bai. Various defences were set up but the most important controversy related to the plaint B schedule properties. Items 1 to 18 of these properties consisted of Cinema machinery and equipment of the aggregate value of Rs. 26,200/-.

The remaining item 19 was a lump sum oS Rs. 3,000/. stated to be outstandings and cash in the possession of the 1st defendant. This item need not detain us because Sri A. Bhujanga Rao the learned counsel for the plaintiff-respondent concedes that there is no proof whatever for its existence. The lower courts decree cannot obviously