The Second Appeal is instituted by one N. Venkatarama Iyer, the plaintiff in the Courts below, in a suit for partition and separate possession of his alleged fourth share in the suit properties. Admittedly, the properties belonged to the co-sharers of a Muslim family, and the plaintiff (appellant) sued as a transferee or assignee for value of the rights of two of those sharers, under circumstances that are not without some degree of interest. The facts are as follows. The properties originally belonged to one Kamal Sahib who died in 1933. He left surviving him his widow Mariam Bi, two daughters Hajrm Bi and Murad Bi and a son Abdul Karim alias Nur Pasha who are contesting respondents. Mariam Bi died on nth January, 1944. Prior to her death, she instituted a suit O.S. No. 453 of 1945 for partition along with her two daughters against her son Abdul Karim (1st respondent).

After the death of Mariam Bi, her two daughters were recorded as her legal representatives, the son already being on record, and the suit continued. On 24th April, 1944, there was a preliminary decree in this partition suit. There was a final decree on 21st October, 1944, but prior to this final decree on n