This appeal suit, under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful plaintiff/appellant is directed against the decree and judgment, dated 11.04.2000, of the learned Senior Civil Judge, Sathupalli, passed in O.S.No.215 of 1989.

2. I have heard the submissions of Sri V.L.N.G.K.Murthy, learned Senior Counsel representing Sri S.Subba Reddy, learned counsel appearing for the appellant/plaintiff, and of Sri Kowturu Vinay Kumar, learned senior counsel appearing for the respondent Nos.1, 3 and 4. Be it noted that the second respondent though was served with notice did not enter appearance.

3. I have perused the material record.

4. In this appeal suit, the parties shall hereinafter be referred to as plaintiff and defendants as arraigned in the suit.

5. Be it noted that during the pendency of the suit, the third defendant, Gudipudi Janakamma, died and defendants 1 and 2 are declared as the legal representatives/legal heirs of the deceased 3rd defendant vide orders on memo, dated 04.02.1991. The deceased 3rd defendant is not shown in the array of parties in the appeal suit. The 5th defendant i.e., the 4th respondent herein is impleaded during the pendency of the