( 1 ) THIS first appeal is by the plaintiffs directed against the judgment and decree dated 22-3-1987 passed in OS No. 11 of 1981 on the file of the Court of the Additional District Judge, Medak at Sangareddy. The original defendants in the suit are arrayed as respondents in the appeal. During the pendency of the appeal the plaintiff No. 6 died. The appellants 1 to 5 who are the legal representatives of the deceased plaintiff No. 6 and who are already on record are recorded as legal representatives of the deceased plaintiff No. 6 vide Court order dated 22-11-1988 onamemo filed by the appellant s Counsel. The respondent No. 1-defendant No. 1 died during the pendency of the appeal and his legal representative were brought on record as respondents 4 to 8 vide Court order dated 23-2-1995 passed in CMP No. 2101 of 1992. The respondent No. 2 - the defendant No. 2 also died during pendency of the appeal and his legal representatives were brought on record vide Court order dated 5-8-1998 passed in CMP No. 12829 of 1993 as respondents 9 to 11.

( 2 ) THE parlies to the appeal arc reffered to in this appeal as they are arrayed in the original suit.

( 3 ) THE plaintiffs filed suit OS No. 11 of 1981 for a decree for partition and separate possession of the suit schedule a , b and c properties by metes and bounds and allot 14/96th share to the plaintiff No. l, 7/96th share to plaintiff Nos. 2 to 5 each and 12/96th share to the plaintiff No. 6.

( 4 ) THE material averments of the plaint are as under:

( 5 ) ONE Mohd. Ahmed was the owner and possessor of the properties of the a , b and c schedule properties. a schedule property consists of the agricultural lands bearing S. No. 57 admeasuring Acs. 7-09 guntas of dry land situate at Fasalwadi village. b schedule properties include the land bearing S. No. 205/1 admeasuring Acs. 10-37 guntas of dry land; the land bearing S. No. 205/2 admeasuring Acs. 3-03 guntas dry land, the land bearing S. No. 206/1 admeasuring Acs. 5-30 guntas of dry land, the land bearing S No. 206/2 admeasuring 0-39 guntas of dry land and all of them situate in Kalvakunta village. The c schedule land consists of wet land bearing S No. 187 admeasuring Acs. 2-01 gunta situate in Tellapalli village. Mohd. Ahmed expired about 15 years back survived by four sons and four daughters begotten by him through two wives. The defendant No. l is the son of the first wife and the plaintiffs 1 to 5 and defendants 2 and 3 are the children through the second wife, namely, the plaintiff No. 6. Mohd Ahmed, during his life time acquired a b and c schedule properties out of his personal income in the names of defendants 1 to 3 due to affection. All the parties to the suit and the deceased Mohd. Ahmed were in joint possession and enjoyment of the suit properties even though the suit properties were purchased in the names of defendants 1 to 3. The b schedule properties were purchased by Mohd. Ahmed in the name of defendant No. \, the c schedule property was purchased in the name of defendant No. l. All the properties were purchased in the names of the defendants 1 to 3 out of the monies supplied by Mohd, Ahmed and as such the ownership of the defendants 1 to 3 is only ostensible. Since the sale deeds were executed in favour of the defendants 1 to 3, tire pattas of the lands were also transferred in favour of the defendants 1 to 3 in the relevant revenue records. At the time of purchasing the suit lands, the parties to the suit and Mohd. Ahmed and plaintiff No. 6 were living jointly and the deceased Mohd. Ahmed was the manager of the family. The defendants were not having any source of income to purchase tire suit lands. The family of the parties to the suit lived in communesality possessing the suit lands in common and in jointness. The plaintiffs and the defendants belong to Hanifi section of Muslims and as per the Mohammedan Law shariyat , plaintiff No. l is entitled to 14/96th share, plaintiff Nos. 2 to 5