BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 20.10.2023 Delivered on: 01.12.2023 CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN AND THE HONOURABLE MR.JUSTICE P.B.BALAJI A.S.(MD).No.126 of 2018 and C.M.P.(MD)Nos.6559 & 7774 of 2018

1.Makmutha Beevi (Died) ... Appellant / 1^st Defendant

2.P.Mohamed Anies

3.P.Mohamed Muthu Meeran (A2 & A3 are brought on record as LRs of the deceased sole appellant vide Court order dated 25.02.2022,in CMP(MD) No.10626/2021)

... Appellants Vs.

Mohamed Meeran (died) (1^st plaintiff)

1.Ismail Meeran ... 1^st Respondent / 2^nd Plaintiff Khader Mohaideen (died)(3^rd plaintiff)

2.Masoodu Avuliya ... 2^nd Respondent / 4^th plaintiff Mohamed Ismail (died) (5^th plaintiff)

3.Kani ... 3^rd respondent / 6^th plaintiff

4.Rahamathulla ... 4^th respondent / 7^th respondent

5.Sahul Hameed .. 5^th respondent / 8^th plaintiff 6.Maheetha Begam .. 6^th respondent / 9^th plaintiff

7.Ayisha Banu .. 7^th respondent / 10^th plaintiff Syed Usami (died) (11^th plaintiff)

8.Saiyadu Majeetha .. 8^th respondent / 12^th plaintiff Sinthal Beevi (died) (2^nd defendant)

9.Makmuthal Beevi .. 9^th respondent / 3^rd defendant Abdul Rahim (died) (4^th defendant)

10.Khader Mydeen .. 10^th respondent / 5^th defendant

11.Mohamed Syed Masood (died) .. 11^th respondent / 6^th defendant 12.Liyagath Ali .. 12^th respondent /7^th defendant 13.Mumtaj Begam .. 13^th respondent / 8^th defendant 14.A.Fatima .. 14^th respondent / 9^th defendant

15.Masood Beevi .. 15^th respondent / 10^th defendant

16.A.Rakkaia Beevi .. 16^th respondent / 11^th defendant

17.S.Jameela Begam .. 17^th respondent / 12^th defendant

18.Mariyam Khader .. 18^th respondent / 13^th defendant 19.M.Sahul Hameed .. 19^th respondent / 14^th defendant 20.Mohamed Hussain .. 20^th respondent / 15^th defendant 21.Ahamed Mydeen .. 21^st respondent / 16^th defendant

22.Rasool Beevi

23.Mohamed Ismail Begam

24.Samsudden Makkey

25.Shegu Haseena

26.Mohammed Zarfudeen (R22 to 26 are brought on record as LRs of the deceased 11th respondent vide Court order, dated

13.10.2022, in CMP(MD)Nos.9300,9560&9561/2022)

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.

For Appellants : Mr.M.V.Venkataseshan For Respondents : Mr.S.Maharajan for R2,3,19,20 &21 : Mr.G.S.Ashok Adhithyan for R22 to R26

JUDGMENT

RMT.TEEKAA RAMAN, J.

and P.B.BALAJI, J.

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 1/4^th share and the plaintiffs were entitled to 3/4^th share. It is further stated in the plaint that the father of said Kadhar Mydeen Rowther, viz., Peer Mohamed Rowther had two brothers, viz., Muthu Meeran Rowther and Sheik Mydeen Rowther. The said Sheik Mydeen Rowther had two sons, viz., Mohamed Hussain and Ahamed Rowther. Both of them were no more. The 4^th plaintiff is the son of Mohamed Hussain and the 5^th plaintiff is the son of Ahamed Rowther. The other brother of Peer Mohamed Rowther, Muthu Meeran Rowther has a son, viz., Muthu Meeran, who was also no more. The plaintiffs 1,2,3 are the sons of Muthu Meeran. Samsudeen Rowther is the uterine brother of Kadhar Mydeen Rowther and stating that the plaintiffs are together entitled to 234/448 shares, prayed for a preliminary decree, along with a decree for future mesne profits and Rs.1