JUDGMENT

(Prayer: Appeal filed under Section 96 of the Code of Civil Procedure, against the preliminary decree and judgment passed in O.S.No.54 of 2004, dated 29.09.2016, on the file of the IV Additional District Court, Tirunelveli.)

JUDGMENT

RMT. TEEKAA RAMAN, J. & P.B.BALAJI, J.

1. The first defendant in a suit for partition is the appellant before us. After the demise of the first defendant, his legal representatives have been impleaded as appellants 2 and 3.

2. For the sake of convenience, the parties are referred to as per the ranking before the trial Court.

3. The suit was originally filed by Mohamed Meeran and others, seeking declaration of 234/448 share of the plaintiffs 2 to 12 in 6 items of the suit property. The case of the plaintiffs before the trial Court was that the suit property belonged to one Kadhar Mydeen Rowther, the husband of the first defendant. The said Kadhar Mydeen Rowther died intestate and without any issue, on 17.07.2000 and therefore, the first defendant was entitled to 1/4th share and the plaintiffs were entitled to 3/4th share. It is further stated in the plaint that the father of said Kadhar Mydeen Rowther, viz., Peer Mohamed Rowther had two brothers, viz