ASMA BEEVI Vs. M AMEER ALI

JUDGEMENT

(1.) BOTH the appeals are arising out of the same Judgment and Decree, dated 11.08.1995 made in O.S.No.73 of 1989 on the file of the Sub-Court, Nagapattinam.

(2.) A.S.No.247 of 1996 is filed by the plaintiffs in the suit and A.S.No.371 of 1996 has been filed by the second defendant of the said suit. In these appeals, for the purpose of convenience, the parties to the appeals are referred to as plaintiffs and defendants as stated in the suit.

(3.) THE 'A' and 'B' schedule of properties are situated at Vijayapuram, Tiruvarur Taluk, within the jurisdiction of the Court below. In a portion of 'A' schedule property, shops were constructed and let out to the defendants 5 to 9 and they were paying rent originally to Mohammed Ismail, while he was alive and after his death, the second defendant is collecting the rent from them. Agricultural lands described as 'B' schedule of properties are cultivated directly by the second defendant. With the above pleadings, the appellants / plaintiffs have sought for a preliminary decree for partition, dividing 'A' and 'B' schedule of properties and allot 14/56 share to them and also for rendition of accounts and mesne profits.