JUDGMENT :

Plaintiff in the suit filed above second appeal aggrieved by the judgment and decree dated 23.02.2022 in A.S.No.16 of 2016 on the file of III Additional District Judge, Rajampet, confirming the judgment and decree dated 28.09.2016 in O.S.No.94 of 2005 on the file of Senior Civil Judge, Rajampet.

2. For the sake of convenience, the parties to this judgment are referred to as per their array in plaint.

3. Suit O.S.No.94 of 2005 was filed for partition of plaint schedule properties into three equal shares and allotment of one share to him or alternatively to direct the defendants 1 to 3 to execute registered document in favour of the plaintiff in respect of plaint B schedule property.

4. In the plaint, it was contended inter-alia that defendants 1 and 2 are husband and wife, plaintiff and 3rd defendant are their sons; that 1st defendant’s father B. Gopalaiah died about 20 years back leaving behind 1st defendant and one Ramakrishna; that there was oral partition of properties owned and possessed by Gopalaiah between 1st defendant and his brother Ramakrishna; that plaint schedule properties fell to the share of 1st defendant; that 1st defendant, retired teacher used to attend agr