K. S. SHRIVASTAV, J.

( 1 ) PLAINTIFF s are the appellants. Their suit for partition and separate possession has been partly dismissed.

( 2 ) THE 1st defendant is the father of the 2nd defendant and grand-father of the plaintiffs. PW3 is his brother while PW2 is his nephew. Item No. 6 of the Plaint a Schedule property was allotted to the 2nd defendant in Ex. Dl, dated 2-6-1958. The remaining Plaint a Schedule properties, that is Items 1 to 5 allottea to the 1st defendant have been sold to the defendants No. 3 to 5 through separate sale deeds, by him.

( 3 ) THE plaintiffs filed a suit for their 2/5th share in the Plaint a and Plaint b Schedule Properties, alleging that these properties belong to the Joint Hindu Family consisting of the plaintiffs, their father, that is the second defendant and their grand-father, the first defendant. The 2nd defendant has got 1/10th share in them while the 1st defendant has got half share in them. Their father, that is the 2nd defendant, was a man of feeble-mind and was easily gullible. He was mentally sick also. The 1st defendant being a shrewd man obtained a relinquishment deed, Ex. Dl, on 2-6-1958 from their father, that is the Defendant No

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