1. The plaintiff, who lost the battle for partition in both the Courts, preferred this second appeal under Section 100 CPC, questioning the legality and validity of the judgment and decree dated 08.04.2004 passed in A.S.No.45 of 2002 on the file of the Court of the III Additional District Judge (FTC-II), at Khammam, upholding the judgment and decree dated 05.07.2000 passed in O.S.No.129 of 1991 on the file of the Court of the Senior Civil Judge, Khammam.

2. For the sake of convenience, the parties to this second appeal will, hereinafter, be referred to as they were arrayed in the suit. The first defendant, who is no more, is not arrayed as respondent and defendant Nos.2 to 7 are arrayed as respondent Nos.1 to 6 respectively.

3. The facts leading to the filing of the present second appeal, in nutshell, are as follows :

4. Yeluru Seshaiah and Yeluru Appaiah who are brothers by full blood, owned agricultural land in Gundrathimaduvu village of Khammam Taluq and district and the said land was submerged under Wyra reservoir. The first defendant and one Ramaiah are the sons of Yeluru Seshaiah. Second defendant is elder son and third defendant is the younger son of the first defendan