JUDGMENT :

M. Venkata Ramana, J.

1. This appeal is preferred against the decree and judgment in OS No. 36 of 1984 dated 1.8.1994 on the file of the Court of learned Subordinate Judge, Narsapur, West Godavari District.

2. The defendants are the appellants.

3. Respondents 1 to 3 laid the suit for partition of the plaint schedule properties directing their division into seven shares, to allot two shares to everyone of them and for allotting one such share to the appellants together. The plaint schedule properties, which shall be referred to hereinafter as the 'suit lands' are described in the plaint schedule as under:

4. The suit is decreed in favour of the respondents as prayed for, directing division of the suit lands and also directing an enquiry into mesne profits.

5. The parties to this appeal are closely related. The 1st appellant was the wife of Sri late Thayi Sreerama Murthy. Respondents 1 to 3 are their sons, and appellants 2 to 4 are their daughters. Appellant No. 5 is stated to be an intending purchaser of the suit lands from appellants 1 to 4.

6. During the pendency of the suit, the 1st respondent died. His wife and children being respondents 4 to 7 were brought on record in the Trial Court.

7. During pendency of this appeal, appellants 1, 2, 4 and 5 died. L.Rs. of the 2nd appellant are appellants 12 to 14. LRs. of 4th appellant are appellants 15 to 18. LRs. of 5th appellant are appellants 6 to 8. The 5th appellant remained ex parte in the Trial Court and did not choose to contest the suit.

8. The case of the respondents, as seen from the plaint, in brief, is as under:

(i) Sri late Thayi Sreerama Murthy was a practising Advocate at Rajahmundry who later on, shifted his practice to Narsapur. He died on 17.2.1972. In order to avoid any dispute with his brothers, Sri late Thayi Sreerama Murthy, acquired the suit lands, spending his money, in the name of the 1st appellant benami for his benefit and enjoyment. He continued to be in possession and enjoyment of these lands paying land revenue etc., during his lifetime. The 1st appellant had never enjoyed these lands on her own nor paid any land revenue.

(ii) After the death of Sri late Thayi Sreerama Murthy, the 1st respondent managed the suit lands, leasing out to Sri Bushi Raja Rao of Thunduru Village till the year 1980. However, the 1st respondent, with active connivance of her son-in-law Dr. M. Gangayya, husband of the 4th appellant, took possession of the suit lands by force, dispossessing the tenant in or about the year 1980. The 1st appellant was attached and was affectionate towards her daughters and intended to give away the suit lands to them. The appellants had also offered to sell these lands and 5th appellant wanted to purchase a part of the same from them.

(iii) Respondents 1 to 3 got issued a legal notice on 6.6.1983 to the appellants 1 to 4 demanding partition and division of the suit lands, as well as for profits since the year 1980. The appellants 1 to 4 got issued a reply dated 12.7.1983 to this legal notice with false and baseless allegations. The claim of appellants 1 to 4 that the suit lands were purchased by the 1st appellant out of funds made available by her father as 'stridhana' is false.

(iv) However, the first appellant had executed a registered settlement deed dated 30.9.1959 in respect of Acs. 14.83 cents out of the suit lands (item Nos. 1 and 2) in favour of appellants 2 to 4. Similarly, she executed another settlement deed for remaining extent out of the suit lands on 13.6.1975. This settlement deed dated 13.