SULAIKA BIVI Vs. RAMEEZA BIVI

JUDGEMENT

(1.) THE defendants 1 to 7 are the appellants. THE first appellant is the mother and appellants 2 to 7 are the children of the first appellant through one Late Mohammed Sultan Maracayar. THE first respondent is the plaintiff. Respondents 2 to 5 are the sisters and brothers of the first respondent. Respondents 7 to 11 are the legal heirs of the 9th defendant who was the 4th respondent in the first appeal.

(2.) THE first respondent herein filed O.S. No. 52 of 1973 for partition of her 7/136th share in the suit schedule properties and for accounting and profits. One Mohammed Sulthan Maracayar who died on 13.6.1967 had four wives. His first wife and third wife had no children. Through his second wife Hazarammal, the late Mohammad Sulthan Maracayar had three daughters and three sons. Of whom first daughter Rameeza Bivi filed the suit. His fourth wife Zulaika Bivi had six children through him, and the said Zulaika Bivi and her children are the appellants herein. At the time when the first respondent filed the suit, appellants 4 to 6 were minors and they were represented by the first appellant.

(3.) AGGRIEVED by the judgment of the trial Court, the defendants 1 to 6 came forward with A.S. No. 1113 of 1978 challenging the findings of the trial Court about the genuineness of the will, that no proper consent was proved with reference to Ex.B1 will and that the finding of the trial Court with regard to the conduct of the 9th defendant was not proper.