The plaintiffs are the appellants herein. Having lost before both the Courts below, they have filed this second appeal.

2.The appellants, as plaintiffs, filed the suit for declaration, partition and separate possession of their share in 'A', 'B' and 'C' schedule properties and for other reliefs.

3.According to the plaintiffs, originally one Mohammed Meeran Rowther filed a suit in O.S. No.39 of 1958 for partition and separate possesion. On 9-10-1964, a preliminary decree was passed, whereunder, it was declared that the said Mhoamed Meeran Rowther would be entitled to 1/5 share in all the suit properties, namely, 'A', 'B' and 'C' schedule properties.

4.The defendants in the suit O.S. No.39 of 1958 filed appeal before the appellate Court in A.S. No.39 of 1965. Since the first plaintiff died in that suit on 10-7-1965, the other plaintiffs were impleaded as legal representatives of the deceased plaintiff. During the pendency of the appeal, one Khader Mohammed Ibrahim filed an application in I.A. No.911 of 1965 to implead himself as one of the residuary heirs of the deceased plaintiff. Accordingly, he was impleaded on 10-2-1966. Similarly, pending appeal, one Mohammed Sikkandar,