V. Jagannathan, J.

The fifth defendant before the Trial Court is the appellant herein and he is aggrieved by the lower Appellate Court reversing the judgment of the Trial Court inasmuch as whereas the Trial Court dismissed the suit filed by the respondents-plaintiffs, the lower Appellate Court reversed the same by allowing the appeal filed by the respondents-plaintiffs and decreeing the suit of the plaintiffs for separate possession of their 1/4th share in the suit property. Hence, this second appeal.

2. The facts in brief are to the effect that the respondents-plaintiffs filed the suit for separate possession of their 1/4th share in the suit property by contending that they were the legal heirs of deceased Jangusaheb and following the death of said Jangusaheb, respondents 1 to 6, being the wife (plaintiff 1) and children (plaintiffs 2 to 6), filed the said suit for the above said relief. The said suit was contested by the defendants by taking up the stand that Jangusaheb did not marry the first plaintiff Jannatbi and the name of the first plaintiff is Ningavva, a Hindu belonging to Maratha community and, therefore, there was no marriage having taken place between the fir