ANSARI Vs. SYED NIZAR

JUDGEMENT

(1.) The appellants/Defendants 1 and 2, who lost the legal battle before both the Courts below have come forward with this Second Appeal against the Judgment and Decree dated 21.10.2008 made in A.S.No.3 of 2007 on the file of the Principal District Court, Ramanathapuram, confirming the Judgment and Decree dated 23.06.2006 made in O.S.No.67 of 2004, on the file of the Subordinate Court, Ramanathapuram.

(2.) Heard the learned counsel for the appellants and perused the materials available on record.

(3.) The first respondent as plaintiff filed a suit for partition and separate possession of his 7/20 share in the property stating that the property has been owned by one Naina Mohammed. He had two wives. He settled this property to his second wife Sariba Ammal and she died. Sariba had four children viz., Ansari, Sahubr Ali, Hajara and Karim. That Karim died intestate without marriage. Her daughter Hajara died and her only son is the second defendant. Sahurbar Ali died and his wife is the third defendant and his son is the plaintiff who filed the suit for partition and separate possession.