JUDGMENT :

This appeal is filed against the Judgment and Decree dated 16-1-1998 in A.S.No. 45 of 1992 on the file of the Senior Civil Judge at Narsapur confirming the Judgment and Decree dated 15-7-1992 in O.S.No. 364 of 1989 on the file of the Principal District Munsif, Narsapur. The 1st defendant in the suit is the appellant.

2. Ac. 0-98 cents of land situated in R.S.Nos. 217/5, 217/6, 217/7 and 224 in Kontheru village is plaint "A' schedule property. The total extent in R.S.No. 217/5 is Ac. 0-16 cents. Plaint "B' schedule property forms part of plaint "A' schedule property. Ac. 0-08 cents of land in R.S.No. 217/5 is plaint "B' schedule property. There is a thatched house bearing assessment No. 87 and door No. 3-87 in "B' schedule property. Originally Ganji Ganga Raju and Nalam Subba Rao are the joint owners of plaint "A' schedule property. Ganji Ganga Raju died. After his death, Nalam Subba Rao filed a suit in O.S.No. 102 of 1953 against the legal heirs of G. Ganga Raju for partition of plaint "A' schedule property into equal shares and for allotment of half a share to him. A preliminary decree for partition was granted in favour of Nalam Subba Rao. However, no petition for final