JUDGMENT :

The defendant is the appellant.

2. Sri Gogineni Raghavaiah, since deceased, was the plaintiff. He died during pendency of the first appeal. He is arrayed as the 1st respondent in the second appeal. The respondents 2 to 5 are his legal representatives. Smt. Sambrajyamma is the wife of Sri Gogineni Raghavaiah. She died on 11.04.1990.

3. The 3rd respondent and the appellant are the sons of Sri Gogineni Raghavaiah. The respondents 2, 4 and 5 are their daughters. The appellant is the last issue to Sri Raghavaiah and Smt.Sambrajyamma. Sri Gogineni Raghavaiah and his two brothers acquired an extent of Ac.2- 80 cents by inheritance from their father. Thereafter, by their exertions they could pool up sufficient landed property. In a partition among Sri Gogineni Raghavaiah and his brothers, he was allotted Ac.9-20 cents towards his share apart from a thatched house.

4. He got constructed the house later on and his eldest son, namely the 3rd respondent got married in the year 1975. There was a partition among Sri Gogineni Raghavaiah and his two sons, namely the 3rd respondent and the appellant evidenced by an unregistered instrument of partition in the nature of a partition list dated