JUDGMENT

This Appeal Suit has been filed as against the judgment and decree passed in O.S.No. 26 of 2009 on 15.04.2015 on the file of the learned District Judge, Sivagangai, wherein the appellants herein have filed suit for partition and the same was dismissed. As against the decree and judgment the present appeal has been filed by the plaintiffs.

2. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Trial Court.

3. The averments of the plaint are as follows:

The suit property originally belongs to Seeni Rowthar, S/o. Mohamed Meera Rowthar through registered sale deed and he purchased the property of one acre from Syed Mohamed and Mohamed Hussain. The said Seeni Rowthar was survived by a daughter by name Syed Fathima Beevi and sons by name Syed Mohammed Rowthar and Mohamed Hussain Rowthar. Other two sons Mohamed Meera Rowthar and Naina Mohamed Rowthar died issueless before the life time of Seeni Rowthar.. After demise of Seeni Rowthar his legal heirs are in joint possession and enjoyment of the property. The son and daughters born to pre deceased would have no right to claim succession of the grand father's property