JUDGMENT :

M. Venkata Ramana, J.

1. The plaintiff in O.S. No. 14 of 1998 on the file of the Court of the learned Senior Civil Judge, Tadepalligudem is the appellant. The respondents were the defendants.

2. The appellant laid the suit for partition of the plaint schedule properties into two (02) equal shares and to allot one such share to him directing possession of the same as well as for rendition of accounts, past and future, to pay the same with interest at 12.04% per annum.

3. The plaint schedule describes the properties in dispute as under:

"West Godavari District, Tadepalligudem Rural Mandal, Pedatadepalli Village, Zeroit dry Land in

Item No. 1 : R.S. No. 821/1 full number Ac.1-31 cents = 0.5301439 Hc.

Item No. 2 : R.S. No. 821/2, Ac.1-07 cents full in number = 0.4330183 Hc.

Item No. 3 : R.S. No. 784/2 full in number Ac.0-07 cents = 0.283283 Hc.

Item No. 4 : West Godavari District, Tadepalligudem rural mandal, Pedatadepalli village, tiled house with D. No. 2-43 with site and compound etc., in an extent of 480 sq.yds = 4013.424 sq.m. with doors, windows, roof, garden etc."

4. Item Nos. 1 to 3 of the plaint schedule will be referred to hereinafter as 'the suit lands' and item No. 4 of the plaint schedule will be referred to hereinafter as 'the suit house', for convenience.

5. Sri Alapati Ramanna had three (03) sons and a daughter, namely, Sri Ananda Rao, Sri Satyanarayana Murthy and Sri Gopala Krishnarao and Smt. Parimi Suryakantham. Sri Alapati Ramanna died on 12.11.1959. His wife is Smt. Suramma. She died in the year 1967.

6. Smt. Seetharatnamma is the wife of Sri Ananda Rao. She died in the year 1977 and whereas, Sri Ananda Rao died within an year of their marriage.

7. The appellant is the son of Sri Satyanrayana Murthy. The respondent No. 5 is the wife of Sri Satyanarayana Murthy. The respondents 6 to 9 are their daughters. Sri Satyanarayana Murthy died on 18.11.1988.

8. The 1st respondent is the wife of Sri Gopala Krishnarao. The respondents 2 and 3 are their sons and respondent No. 4 is their daughter. Sri Gopala Krishnarao died on 28.04.1965.

9. O.S. No. 36 of 1936 was filed on the file of the Court of the learned Subordinate Judge, Eluru by sons of Sri Alapati Ramanna. It was decreed on contest dividing the ancestral properties, with the burden of clearing the debts and whereas a part of the decree therein was in favour of Sri Alapati Ramanna in respect of his self acquired properties. Later on, one of the creditors, namely, Cooperative Credit Society brought these properties for sale and were disposed of. Hence, there were no properties at all, left for this family.

10. O.S. No. 476 of 1953 was filed by Smt. Seetharatnamma for maintenance against Sri Alapati Ramanna as well as his sons-Sri Satyanarayana Murthy and Sri Gopala Krishnarao. Sri Alapati Ramanna accepted the liability stated to be on moral obligation and a compromise decree was passed therein subject to giving away eight (08) bags of paddy and Rs. 40/- with a charge upon the properties acquired by Sri Ramanna later on, except the house which was retained by him in the family partition concerned to O.S. No. 36 of 1936.

11. These are all the admitted and undisputed facts in this case. Thereafter, whatever acquired by Sri Alapati Ramanna were all his self acquired properties including the suit lands and the suit house.

12. The claim of the appellant is based on a registered Will dated 29.11.1958 of Sri Alapati Ramanna, whereby he had created a bequest in favour of his legal heirs. The suit lands and the suit house apart from another extent of land, were given away under this Will, which is stated to be the last testament of Sri Alapati Ramanna, to his wife Smt. Suramma with life interest and after her, to be shared by both the surviving sons equally.

13. After death of Smt. Suramma in the year 1967, it is the case of the appellant that his father Sri Satyanarayana Murthy and the 1st respondent being the wife of Sri Gopala Krishnarao on her behalf and on behalf of her minor