RASHEEDA, W/O. ABOOBACKER, AGED 55, MAVILA PURAYIDATHIL, PATHANAPURAM VILLAGE, Vs. AISHA BEEVI, W/O. MAIDEEN PASHA RAWTHER, RESIDING AT KANJIRAMVILA THEKKEVEETTIL, PATHANAPURAM VILLAGE AND TALUK (DIED. LRS. RECORDED) AND ORS.

JUDGEMENT

(1.) AFTER one round of litigation, respondents 1 to 3/plaintiffs were able to get a preliminary decree for partition of the suit property as if they are also legal heirs of the late Maideen Basha Rawther. The learned Munsiff, Punalur passed a preliminary decree in O.S. No. 83 of 1981. That judgment and preliminary decree were confirmed by the learned Sub Judge, Kottarakkara in A.S. No. 78 of 1992. Hence this Second Appeal at the instance of the appellants -additional defendants 5 to 8 who are the legal representatives of the deceased 1st defendant. The following substantial question of law is framed for a decision:

(2.) ACCORDING to the plaintiffs, the late Maideen Basha Rawther married the 1st plaintiff and in that wedlock, plaintiffs 2 and 3 and the late Abdul Azeez are born. Defendants 1 to 3 are the children born to the said Maideen Basha Rawther in his first marriage. Maideen Basha Rawther acquired item Nos. 1 and 2 as per settlement deed No. 2353 of 1107 and sale deed No. 942 of 1114. The said properties are partible among the plaintiffs and defendants 1 to 3.

(3.) THE trial court (after the first dismissal of the suit and its remand) held that there is evidence of long cohabitation of Maideen Basha Rawther and the 1st plaintiff as man and wife which would raise a presumption of valid marriage between them, accepted the evidence let in by the plaintiffs as to the paternity of plaintiffs 2 and 3 with the said Maideen Basha Rawther and granted a preliminary decree for partition. That was confirmed by the first appellate court.