Judgement

BACHAWAT, J. : In this appeal, the question is whether a deed of release was vitiated by misrepresentation, and, if not, whether it operated as a conveyance of the suit properties in favour of the respondents. By a will dated August 9, 1931, their grandfather Ponnuswami bequeathed the immovable properties to his paternal uncle s daughter, Kannammal. In January, 1952, the respondents instituted O. S. No. 24 of 1953 against several persons including Kannammal challenging inter alia the validity of the bequest made by Ponnuswami. On February 1, 1952, Kannammal died leaving as her heir the appellant who was her husband s brother s son. On February 25, 1952, the appellant executed a deed, Ex. B-1, in favour of the respondents releasing the suit properties including certain outstandings due from third parties. On February 26, 1952, the deed was registered. On the same date, the respondents filed an application in O. S. No. 24 of 1953 asking for an order that in view of the release deed the properties he removed from the scope of the suit and the plaint be amended accordingly. This application was allowed by the Court. On January 22, 1953, the respondents instituted O. S. No. 174