This appeal is by defendants 1 and 2. It is against the preliminary decree for partition granted in O.S. No. 564, filed by the two plaintiffs, who are respondents 1 and 2 herein, on the file of Sub Court, Coimbatore.

2. The suit is for a declaration that the settlement deed dated 30.6.1967 in relation to the suit house bearing Door Nos. 297 to 306, is void, for partition and separate possession of the plaintiffs 53 1/2/72 shares in the suit property and for a consequential injunction. The court below has held that the abovesaid settlement deed was void and has granted the preliminary decree for partition as prayed for.

3. The plaintiffs case as set out in the plaint maybe summarised as follows:—

The suit property belonged to one M. Abdul Sathar and his younger brother M. Sathar, M. Abdul Sathar died on 18.1.1973 and M. Sathar died on 15.5.1979. After the death of the elder brother, the younger brother M. Sathar became the owner thereof, as M. Abdul Sathar had no other legal heirs. Defendants 1 and 2 are the daughters of M. Sathar through his wife, the 3rd defendant. The 4th defendant is the second wife of M. Sathar and mother of the plaintiffs. She died during the pendenc