Since these two appeals arise out of one suit and as the parties are also the same, this Court deems it appropriate to dispose of these appeals by way of this common judgment.

2. Defendants 1, 3 and 4 in O.S.No.26 of 1986 on the file of the Court of Subordinate Judge, Eluru, West Godavari District are the appellants. A.S.No.1482 of 1994 is directed against the judgment and preliminary decree of partition dated 8.8.1994 passed by the said Court. A.S.No.215 of 2000 is against the order and final decree dated 2.4.1998 passed by the said Court in I.A.No.1382 of 1994.

3. First respondent herein instituted the said suit for partition of the schedule properties. Suit schedule property is an extent of Ac.26-01 cents in Survey No.827/4 (old Survey No.793/4) of Pedavegi village, Eluru Taluk, West Godavari district. Though, the plaintiff initially claimed 1/5th share, later in view of the death of Defendant No.2-father pending suit, eventually claimed 1/4th share. For the sake of convenience and brevity, this Court deems it appropriate to refer to the parties as arrayed in the Court below.

4. Plaintiff is the sister of Defendant No.1 and daughter of Defendant Nos.2 and 3 and Defendant No.4 is the wife of Defendant No.1 and sister-in- law of plaintiff. Defendant No.5 is the brother of plaintiffs husband. Defendant No.6 is the sister of plaintiff and another daughter of Defendant Nos.2 and 3. The case of the plaintiff, as per the pleadings available on record, is as follows.

5. Defendant No.1 on behalf of plaintiff and Defendant Nos.1 to 4 purchased the plaint schedule property of Ac.26-01 cents by way of Ex.A1 Agreement of Sale dated 2.7.1983 from one Sri Munukuntla Satyaveereswara Sarma for a total consideration of Rs.3,20,000/- and paid the said sum and Defendant No.1 obtained delivery of the said property on 24.9.1983. Defendant No.1 leased out the same to Defendant No.5 and inducted him into possession of the schedule property. Defendant No.1 represented to the plaintiff that at the time of division of schedule properties, plaintiff would be given northern side portion, in which a shed was existing towards her 1/5th share. A service connection bearing No.370 was also obtained for the said shed in the name of plaintiff. Subsequently, Sri Munukuntla Satyaveereswara Sarma executed Ex.A2 registered sale deed dated 9.3.1984 in favour of plaintiff and Defendant Nos.1 to 4 for an extent of Ac.23-01 cents for a consideration of Rs.1,85,000/-. The family of Defendant Nos.1 to 3 had Ac.3.60 cents at Pallipalem of Mummidivaram Taluk, East Godavari District and out of which Ac.1.00 cents of land was given to the plaintiff as pasupu- kumkuma by Defendant Nos.2 and 3 and Defendant Nos.2 and 3 sold Ac.3.60 cents for Rs.70,000/- per acre and with the said sale proceeds and with the amount borrowed from Defendant No.5, Defendant No.1 purchased the plaint schedule property, but the defendants did not pay anything from 24.8.1983 towards the share of the plaintiff. The plaintiff would be entitled for 1/5th share out of the plaint schedule property though the sale deed was obtained for Ac.23.01 cents since the property was wrongly shown in lesser extent to deprive the plaintiff. With the above pleadings and praying for partition of the plaint schedule properties and seeking allotment of 1/5th, the plaint came to be instituted. Defendant No.1 filed a written statement and Defendant Nos.2 to 4 filed a memo, adopting the said written statement. The case of the Defendant Nos.1 to 4 is as infra:

6. Plaintiff and her husband requested the Defendants to sell away Ac.0.95 cents of land situated at Pallepalem, which was gifted to the plaintiff as pasupu-kumkuma orally when the Defendant Nos.2 and 3 decided to sell away their lands and Defendant No.3 sold away the said Ac.0.95 cents for Rs.21,000/- to one Smt.P.S.Padmavathi Devi by way of Ex.B3 registered sale deed dated 29.12.1983. Plaintiff and her husband requested Defendant Nos.1 to 3 to give 1/12th share o