The appellants are the legal heirs of the Defendants 1 and 3 in OS.No.30 of 1998 on the file of the Court of Senior Civil Judge, Gooty, Ananthapur district.

2. The brief facts of the case are as follows:

The respondents 1 to 3 in this appeal are the plaintiffs. The plaintiffs are the sons of second defendant. The first defendant is the senior uncle of the plaintiffs. The third defendant is the junior paternal uncle of the plaintiffs and the fourth defendant is the aunt of the plaintiffs. They filed a suit for partition claiming that the plaint schedule property originally belongs to one Shaban Hajee Sarwar Saheb, who is the grand father of the plaintiffs and father of Defendants 1 to 4. The said Hajee Sarwar Saheb said to have executed registered will deed in favour of the plaintiffs on 25-12-1975 at Jammalamadugu bequeathing all his properties to the plaintiffs. The said Sarwar Saheb died on 20-2-1976 at Tadpatri. Under Mohammedan Law, the bequest is valid to 1/3rd share of the deceased. The remaining 2/3rd share devolve upon the defendants. The plaintiffs and defendants are enjoying the property jointly. Due to misunderstanding among them, the plaintiffs filed a suit fo