MOHAMMED YAQUB S/O LATE MOHAMMED KHALEEL, MOHAMMED AYUB S/O LATE MOHAMMED KHALEEL, SMT KHASIM BI D/O LATE MOHAMMED KHALEEL W/O MUQTHAR Vs. NASREEN TAJ W/O LATE MOHAMMED KHALLEL

JUDGEMENT

(1.) THIS appeal is by the defendants challenging the judgment and decree of the trial Court only in respect of item No. 3 of the A schedule and B schedule properties.

(2.) FOR the sake of convenience the parties are referred to as they are referred to in the original suit.

(3.) THE teamed counsel for the appellants fairly submitted that in view of the categorical admissions of DW1 in his cross examination, the fact that the first plaintiff is the second wife and plaintiffs 2 and 3 are children of the first plaintiff born to Mohammed Khaleel is established and therefore, we have to proceed on the basis that Mohammed Khaleel had two wives, defendants are the children of Mohammed Khaleel through first wife, first plaintiff is the second wife and plaintiffs 2 and 3 are the children through the second wife. Further, the learned counsel pointed out during the pendency of this appeal, an application is filed u/o.41 Rule 27 CPC for production of additional documents viz. the certified copy of the sale deed dated 2.12.1976 which shows that item No. 3 of the A schedule property was purchased by the first wife in her name. By yet another application they have also produced income tax returns in the name of the younger brother of Mohammed Khaleel which shows that the beedi business belongs to him and therefore, he submits in the facts and circumstances of this case, the additional evidence requires to be allowed in order to do complete justice between the parties and in view of the same the plaintiffs are not entitled to any share in item No. 3 of 'A' schedule and 'B' schedule properties.