This appeal is directed against the judgement-dated 01.09.1994 and the even dated preliminary decree passed in O.S.No.184/1991 on the file of Sub Court, Dharaapuram. The defendants in the suit are the appellants before this Court. The plaintiff in the original suit is the respondent in this appeal. The first appellant / first defendant is the brother of appellants 2 and 3/defendants 2 and 3 and respondent/plaintiff. The respondent herein had filed the above said original suit on the file of learned Subordinate Judge, Dharapuram for the relief of partition and separate possession claiming 1/5th share in the suit properties. According to the Plaint averments, all the three items of suit properties were that of her mother Joharammal, who died on 212. 1981 without making any arrangement for the succession to her estate. As such the parties to the suit being the son and daughters of the deceased Joharammal had succeeded to her estate. As per Mohamedan Law each one of the daughters were entitled to 1/5th share and the first appellant being the son was entitled twice the share of a daughter and as such he was entitled to 2/5th share.

2) The suit was resisted by the appellants/