1. The defendants 2 to 9 are the appellants. The respondents filed the suit in O.S. No.91 of 2004 claiming 9/20 share in the properties belonged to Mohammed Haneefa and filed the suit for partition. The suit was dismissed and the appeal filed in A.S. No.78 of 2009 was allowed and hence the Second Appeal is filed by the defendants 2 to 9.

2. The case of the respondents was that the suit properties belonged Mohammed Haneefa and he was having the relationship with the 1st plaintiff/ 1st respondent and that matter was reported to the Zamath of Ulundurpet. At the instance of Zamath the 1st plaintiff who was a Hindu converted into Islam and married Mohammed Haneefa. The deceased 1st defendant was the first wife and she was also aware of the marriage of the 1st respondent with her husband Mohammed Haneefa and the respondents 2 and 3 were born to Mohammed Haneefa and they were also acknowledged by him as his children and the appellants herein are the children of Mohammed Haneefa through the first wife the deceased 1st defendant and therefore the respondents are entitled to 9/20 share in the properties.

3. The appellants contested the suit stating that the 1st respondent was not