(Appeal under Section 96 of C.P.C., against the Judgment and decree dated 31-12-1992 in O.S.No. 15 of 1986 on the file of the Court of the II Additional Subordinate Judge, Kakinada.)

1. Heard Sri K.V.Subrahmanya Narusu, learned counsel, representing Smt. Umadevi Manchala, learned counsel for the appellants and Sri J.Aswini Kumar, learned counsel for respondent Nos.13 to 15, who are the legal representatives of the deceased 1st respondent.

2. None appears for the other respondents in spite of service of notice.

3. This appeal is filed challenging the judgment and decree dt.31-12-1992 in O.S.No.15 of 1986 of the II Additional Subordinate Judge, Kakinada.

4. The 1st appellant is the plaintiff in the suit. Pending appeal, 1st appellant died and his legal representatives have been brought on record.

5. Sooranna, Jaganna, Ramanna, Venkataratnam and Narayanamurthy are brothers and are residents of Jaggammagaripeta in Samalkot Municipal limits. Sooranna and Narayanamurthy went out of the family earlier to 1940. By 1940, Jaganna was the eldest member of the remaining joint family. There was a partition of the joint family properties between Ramanna, Jaganna, Venkataratnam and the