P. SHANMUGAM, J.

1. The unsuccessful plaintiffs before the Sub Court, Tuticorin are the appellants herein. The plaintiffs filed the suit for partition of 42/96 share and mesne profits. The brief facts which are necessary for the disposal of this appeal are as follows.

2. The first plaintiff claims to be the wife of late Muthukrishna Pillai. According to her, he died on 12.11.86 leaving behind him, the plaintiffs 2 to 6 and the children of the first respondent as his heirs to succeed to the properties mentioned in the schedule. The case of the respondents before the Sub Court was that the first plaintiff was not the wife of late Muthukrishna Pillai and the plaintiffs 2 to 6 were not born out of lawful wedlock; that the late Muthukrishna Pillai was not living with her as husband and wife and that the late Muthukrishna Pillai had already partitioned the entire suit properties among himself and his sons by partition deed dated 29.1.81 and therefore, the suit was not maintainable. The other written statements of the respondents are not relevant for the disposal of this appeal and hence, they are not referred to. On the above pleadings, the learned Subordinate Judge, Tuticorin