JUDGMENT :

Prayer : Appeal Suit filed under Section 96 read with Order XLI R 1 of Civil Procedure Code to allow the appeal by setting aside the decree and judgment passed on 11.01.2016 in O.S.No.2104 of 2014 on the file of the learned XV Additional Judge, City Civil Court, Chennai.

A. The Suit :

Kamakshi Bai, Ambu Bai, Muniyamma Bai, Kuppamma Bai @ Kuchala Kumari, four sisters filed the present suit for partition for partitioning the suit property and allotment of 4/7 shares to them against their brothers D.T.Rajkapoor Sah @ Raghul Sah, D.T.Loku Sah and D.T.Rukma Sah.

B. The Plaint :

2. The case of the plaintiffs is that one Ellu Sah is the grandfather of the plaintiffs and the defendants. He had three sons namely, Thulasi Sah, Gopal Sah and Kuppa Sah. The above said father and three sons started Shellac vending business and out of the income, three properties were purchased which includes the suit property. On 07.03.1964, by a registered partition deed, the suit schedule property was allotted to the share of Thulasi Sah, the father of the plaintiffs and the defendants. The said partition deed, dated 07.03.1964 wrongly describes as if the suit property is an ancestral property. Therefor