F.M.Ibrahim Kalifulla, J.

The second plaintiff is the appellant. The appellant and the 12th respondent failed O.S. No.100 of 1978 on the file of the Subordinate Judge. Tirunelveli on 25.3.1978 for partition and separate possession of the plaintiffs 13/24th share in the suit schedule properties and for directing the first respondent herein to pay the plaintiffs 13/24th share on the future mesne profits from the date of plaint till the date of partition of their share.

2. As per the plant averments, the suit properties comprising of two houses, originally belonged to one Hameeda who was the first wife of the first defendant and who left two daughters namely the appellant herein and one other daughter by name Firoz Banu. The first plaintiff/12th respondent herein is one of the sisters of late Hameeda. Smt.Hameeda had one other sister by name Lateefa who died in 1972. The respondents 5 to 9 are the heirs of Lateefa. On the death of late Smt. Hameeda, the suit properties devolved upon the first respondent herein to an extent of 1/24th share, the sister Lateefa to an extent of 1/24th share, the first plaintiff/12th respondent herein to an extent of 1/24th share, the appellant, t