B. S. A. SWAMY, J.

( 1 ) HEARD the learned counsel for both the parties and perused the record.

( 2 ) SINCE mere is no decided case on the present issue, we have considered the issue elaborately and the following judgment is rendered.

( 3 ) THE judgment and decree of the subordinate Judge at Sangareddy in O. S. No. 45 of 1982 passed on 31-8-1987 dismissing the suit for partition, the plaintiffs in the suit filed this appeal.

( 4 ) FOR the sake of convenience we refer the parties as arrayed in the suit.

( 5 ) THE plaintiffs (7 in number) filed o. S. 45 of 1982 against one Mohd Vilayath hussain seeking partition of the properties in A and B schedule properties and one ninth share in E schedule properties by metes and bounds and for separate possession. They also contended that they are the distant kindred of Mustafa Hussain along with Mohd Vilayath Hussain oeing the children of one Mahaboobunnisa Begum late sister of the 1st defendant, i. e. , Vilayat hussain, the children of Raza Hussain predeceased consanguine brother of late musatafa Hussain and they are entitled for a share in the property as claimed by them. The defendant in the written statement contended that since Mahaboobunn

Click Here to Read the rest of this document