JUDGMENT :

The appeal is filed by the unsuccessful plaintiffs in O.S.No.23 of 2001 on the file of Principal District Court, Eluru, West Godavari District. The respondents herein are the defendants in the said suit.

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The appellants/plaintiffs filed the suit for partition of the plaint schedule properties into 3 equal shares and for allotment of 1/3rd share to the plaintiffs and 3rd defendant and for determination of mesne profits and for costs.

4. The brief averments in the plaint are as follows:

(a) The plaintiffs 1 to 3 and the 3rd defendant are brothers and they are the sons of one Satyanarayana. Defendants 1 and 2 and the father of the plaintiffs Satyanarayana are brothers and they are the sons of Singuluri Venkata Ramayya and his wife Ramanamma. Late Singuluri Venkata Ramayya and his three sons partitioned their joint family properties under a registered partition deed dated 28-11-1957. The properties mentioned in the schedule fell to the share of late Singuluri Venkata Ramayya under the registered partition deed dated 28-11-1957 and he was in possession and enjoyment of the same till his death on 17