JUDGEMENT

1. This Civil Suit has been filed, seeking a judgement and decree, for the following reliefs:-

(a)Declaration that the settlement deed, dated 27.10.2010 (Doc.

No.2241/2010, SRO, Ashok Nagar) executed by M.T.Gopal in favour of the Defendants 4 and 5 is null, void and not binding on the Plaintiffs.

(b) (i) Preliminary Partition Decree, by dividing the 'Suit Property', bearing Plot No. C-715, Old Door No.21, New No.33, 12th Avenue, Ashok Nagar, Chennai 600083, more particularly described in the Schedule-A to the Plaint, by specifying and dividing the said property into 6 equal shares and allotting 1 share each to the Plaintiffs 1 to 3 and for separate possession thereof.

(b) (ii) Preliminary Partition Decree by dividing the property of an extent of 0.49 acre in Survey No.648/6 in Sriperumbudur Village, more fully described in Schedule B hereunder, by specifying and dividing the said property into 6 equal shares and allotting 1 share each to the Plaintiffs 1 to 3 and for separate possession thereof.

(b) (iii) Preliminary Partition Decree by dividing the property of an extent of 0.58 acre in Survey No.238/2 in Sriperumbudur Village, more fully described in Schedule C hereunder, by specifying and dividing the said property into 6 equal shares and allotting 1 share each to the Plaintiffs 1 to 3 and for separate possession thereof.

(c)For costs of the suit.

2. The case of the Plaintiffs, in brief, as set out, in the plaint is as follows:-

(a)The Plaintiffs are the daughters of one M.T.Gopal and the Defendants 1 and 2 and M.G.Mohan Babu are their brothers. M.G.Mohan Babu died on 09.12.2007, leaving behind him his wife, the 3rd Defendant and his sons, the Defendants 4 and 5, as his legal heirs. The 3rd Defendant G.Mallika died on 17.04.2017 leaving behind her two sons, the Defendants 4 and 5. The husband of the 3rd Plaintiff, Sundar died in 2014 and the 3rd Plaintiff has no source of income.

(b)M.T.Gopal was the owner of the A-Schedule property, having purchased the same, by a registered sale deed , dated 05.11.1979. The A Schedule property is measuring an extent of 1 Ground and 1142 sq.ft. with a building consisting of Ground Floor + First Floor. The Ground Floor area is to an extent of 1170 sq.ft. and the First Floor area is an extent of 1170 sq.ft. The Second Floor area is an extent 250 sq.ft. and there are an Out House of an extent 150 sq.ft. in the rear side of the property and 3 Shops of 72 sq.ft. extent each in the front portion of the building.

(c)The 3rd Plaintiff is living in a portion consisting of one room in the Ground Floor. The defendants 3, 4 and 5 are in occupation of the rest of the Ground Floor portion. The First Floor consists of 2 portions and is in occupation of 2 tenants, fetching a monthly rental income of Rs.8,000/- and Rs.7,500/- The 2nd Defendant is in occupation of the Out House. Out of the 3 Shops, one J.Pushparaj is in occupation of 2 Shops as a Lessee, paying Rs.4,000/- p.m.

towards rent for the same.

(d)The B-Schedule property to an extent of 0.49 acre in Survey No.648/6 in Sriperumbudur Village, now in Kancheepuram District, belonged to Thulasingam, the father of M.T. Gopal, having purchased the same from P. Natesan, by a registered sale deed, dated 19.03.1946. M.T.Gopal became entitled to this property by succession on the death of Thulasingam. The C-Schedule property to an extent of 0.58 acre in Survey No.238/2 in Sriperumbudur Village, belonged to Pattammal, the mother of M.T. Gopal, having purchased the same, along with another property, from R.Gajendran, by a registered sale deed dated 22.01.1951. M.T. Gopal became entitled to this property by succession.

(e)M.T. Gopal died on 30-03-2013, leaving behind the Plaintiffs and the Defendants 1 & 2 herein and the Defendants 3 to 5, who are the legal heirs of Mohan Babu, as his heirs. Under the Hindu Succession Act, 1956, the Plaintiffs and the Defendants 1 and 2 and Defendants 3 to 5 together are entitled to 1/6th undivided share each in the properties owne