JUDGMENT

Challenge in this second appeal is made as against the judgment and decree dated 21.10.2011 passed in A.S.No.1 of 2010 on the file of the Additional District Court, Krishnagiri, confirming the judgment and decree in O.S.No.10 of 2006 dated 30.10.2009 on the file of the Sub Court, Hosur.

2. For the sake of convenience, the parties are referred to as per their rankings in the Trial Court.

3.The plaintiff in O.S.No.10 of 2006 on the file of the Sub Court, Hosur is the appellant herein.

4.1. The case of the plaintiff, in brevity, is that the subject suit property originally belonged to one Fathima Bi, wife of Bakkodu @ Imam Sahib. Fathima Bi and Imam Sahib died in the year 1979 and in 1991 respectively, leaving their children Rasool Sahib, Samsuddin Sahib, Roshan Bi and Maqbul Bi, as their legal heirs to succeed the suit properties as per the Muslim Law.

4.2. Consequently, Rasool Sahib and samsuddin Sahib were entitled to 1/3rd share each in the suit land and Roshan Bi and Maqbul Bi were entitled to 1/6th share each in the suit land as per the Muslim Law. Rasool Sahib, Samsuddin Sahib, Roshan Bi and Maqbul Bi were in joint possession and enjoyment of the subject suit properties a