JUDGMENT

FAZL ALI, J.:—This is the plaintiffs appeal against the judgment of the High Court of Madras dated November 22, 1963 by certificate. The appeal arises out of a partition suit filed by plaintiffs Nos. 1 to 4 for cancellation of partition made between the father of the plaintiff, who is defendant No. 5 and defendant No. 1, the elder brother of defendant No. 5. It appears that as far back as May 10, 1940 the two brothers, namely S. M. Kuppuswami Chettiar defendant No. 1 and S. M. Ranganatham Chettiar defendant No. 5, who were originally members of Undivided Hindu Family partitioned their shares by virtue of a registered partition deed dated May 10. 1940. At the time when the partition was made plaintiffs Nos. 2 to 4 were minors and defendant No. 3 was also minor. Under the partition deed both immovable and movable properties were divided between the two brothers voluntarily through the aid and assistance of D. W. K. Narayanswami who was the family auditor of defendant No. 1 and was his friend and adviser. The partition deed with respect to the immovable properties is Ext. B-1. which appears at pp. 243- 248 of the Paper Book. Under the partition deed two Lists were prepared i