R. Banumathi, J.

This Appeal arises out of the Judgment in O.S. No. 5 of 2006 dismissing the Appellants/Plaintiffs suit for partition claiming 91/112 share in the suit properties. Unsuccessful Plaintiffs are the Appellants.

2. Brief facts are that the suit properties belonged to one Khader Ghouse Sahib. One Akther was his first wife. After the death of Akther, the said Khader Ghouse Sahib married the 1st Plaintiff on 09.12.1971 in accordance with Muslim law and custom at Mumbai, Bendi Bazaar. Out of the lawful wedlock, Plaintiffs 2 to 5 were born to them. Khader Ghouse Sahib, native of Vridhachalam was working at Kuwait and his mother was residing at Vridhachalam. Khader Ghouse Sahib used to come and live with the Plaintiffs at Bombay during his visit to India on leave and when he was visiting his mother at Vridhachalam. The mother of Akther and the mother of 1st Defendant are sisters. According to Plaintiffs, during his visit to India, Khader Ghouse Sahib married 1st Defendant-Seyeedha and 2nd Defendant-Asha was born to Khader Ghouse Sahib and the 1st Defendant. Further case of Plaintiffs is that Khader Ghouse Sahib used to live with 1st Plaintiff as well as 1st Defendant