Ramaprasada Rao, J: — As against a common judgment rendered by the learned Subordinate Judge of Chidambaram in two Original Suits tried by him collectively and numbered as. O.S.No. 43 of 1970 and O.S. No. 48 of 1973 on his file, the above appeals arise.

2. We shall here deal with substantive rights as between the sharers in the estate of one Abdul Azeez Maracair who died in the year, 1962. He married, according to the plaintiffs, only twice, but according to others, thrice. The plaintiffs are the sons and daughter of Abdul Azeez Maracair (hereinafter referred to as Azeez) through his second wife. The first defendant is his first wife. The sixth defendant whose marriage with Azeez is disputed is the third wife. The 7th and 8th defendants are the son and daughter respectively of Azeez through the third wife and defendants 9 to 11 are the sons of the second wife through her earlier marriage with another person. Defendants 2 to 5 are admittedly the predecessors of the plaintiffs’ share in the estate of Azeez in so far as suit items 7, 8 and 10 are concerned. The case of the plaintiffs is that the 6th defendant is not a lawfully wedded third wife of Azeez and in consequence, defendants 7

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