A G RAMACHANDRAN Vs. SHAMSUNNISSA BIVI

JUDGEMENT

(1.) THIS is an appeal filed by defendants 13 and 16 in O. S. No. 62 of 1968, on the file of the Subordinate Judge, Tirupattur, against the order of remand made by the lower appellate court, remitting the suit to the trial court for fresh disposal.

(2.) THE respondent herein file the suit for partition and separate possession of half in the suit properties and for recovery of mesne profits for three years before the suit. Her case was that ht eusit properties belonged to her father, one Mohamed Hussain, and that as his daughter by his second wife, she has become entitled to the said half share after his death in 1964. Defendants 1 and 2 are the first and second wives respectively of the said Mohammed hussain and defendants 3 to 9 and 15 to 17 are the legal representatives of his brothers. Defendants 10 to 14 are the alienees of come of the items of the suit properties.

(3.) THE plaintiffs claim was resisted mainly by some of the legal representatives of the brother of Mohamed Hussain and also by the alienees. One of the defences taken is that the plaintiff is not the legitimate daughter of Mohamed hussain by the second wife. It was their case that the plaintiffs mother, the second defendant was married to Mohamed Hussain on 26-1-1952, that the plaintiff was born on 26-4-1952, within three months of the date of the marriage and that, therefore, the plaintiff cannot be taken to be the legitimate daughter of Mohamed Hussain.