MAKMUTHA BEEVI (DIED) Vs. MOHAMED MEERAN (DIED)

JUDGEMENT

(1.) The first defendant in a suit for partition is the appellant before us. After the demise of the first defendant, his legal representatives have been impleaded as appellants 2 and 3.

(2.) For the sake of convenience, the parties are referred to as per the ranking before the trial Court.

(3.) The suit was originally filed by Mohamed Meeran and others, seeking declaration of 234/448 share of the plaintiffs 2 to 12 in 6 items of the suit property. The case of the plaintiffs before the trial Court was that the suit property belonged to one Kadhar Mydeen Rowther, the husband of the first defendant. The said Kadhar Mydeen Rowther died intestate and without any issue, on 17/7/2000 and therefore, the first defendant was entitled to 1/4th share and the plaintiffs were entitled to 3/4th share. It is further stated in the plaint that the father of said Kadhar Mydeen Rowther, viz., Peer Mohamed Rowther had two brothers, viz., Muthu Meeran Rowther and Sheik Mydeen Rowther. The said Sheik Mydeen Rowther had two sons, viz., Mohamed Hussain and Ahamed Rowther. Both of them were no more. The 4th plaintiff is the son of Mohamed Hussain and the 5th plaintiff is the son of Ahamed Rowther. The other brother of Peer Mohamed Rowther, Muthu Meeran Rowther has a son, viz., Muthu Meeran, who was also no more. The plaintiffs 1,2,3 are the sons of Muthu Meeran. Samsudeen Rowther is the uterine brother of Kadhar Mydeen Rowther and stating that the plaintiffs are together entitled to 234/448 shares, prayed for a preliminary decree, along with a decree for future mesne profits and Rs.1,00,000.00 as past mesne profits.