JUDGMENT:

This appeal is preferred by the plaintiff in O.S. No. 4 of 1999 challenging the judgment and decree passed by the District judge, Nizamabad, dated 22.06.2004. By the impugned judgment, the learned District Judge dismissed the suit filed by the plaintiff seeking partition of the suit schedule properties and for allotment of 1/3rd share in her favour and for future mesne profits from the date of the suit till the date of delivery of 1/3rd share.

2. For the sake of convenience, hereinafter, the parties will be referred to in terms of their rank and status before the Trial Court.

3. The brief facts of the case are that the plaintiff is the daughter of defendant No.1. The defendant No. 1 married one Lingu Bai. Sometime after the marriage, as Lingu Bai fell sick, the defendant No. 1 married Rajamani, who is none other than the sister of Lingu Bai. Defendant No. 2 is the son born to defendant No. 1 through the first wife, Lingu Bai. The plaintiff is the daughter born to defendant No. 1 through the second wife, Rajamani. The suit schedule properties i.e., agricultural land to an extent of Ac.6.24 guntas in Nizamabad Shivar and two houses at Kotagally, Nizamabad, described as various