This Appeal has been preferred by plaintiffs in O.S. No.456 of 1984. The respondents herein are the defendants in the said suit. The suit was filed for partition of the suit schedule properties into two shares and to deliver possession of one such share and for profits.

2. Theaverments of the plaint filed by the plaintiffs are briefly as follows:

The plaintiffs are the sons of Nemuri Sathaiah Goud. Sathaiah Goud is the son of Nemuri Saya Goud. Nemuri Balrajaiah Goud is the brother of Sathaiah Goud who is elder to him. Balrajaiah Goud had two wives viz., (i) Nemuri Pentamma (the first defendant) and (ii) Nemuri Kausalya. Nemuri Pentamma gave birth to five sons through Balrajaiah Goud who are defendants 2 to 6. The first defendant lost her husband Balrajaiah Goud. Nemuri Saya Goud executed a Will on 02-01-1956, wherein he mentioned that an extent of Acs.19.15 guntas covered by Sy.Nos.284, 285, 290, 292 and 293 situated at Lothukunta village of Alwal Mandal, Ranga Reddy District, were under his protected tenancy and there are other movable properties acquired by himself and his wife Nemuri Chandramma by their joint exertions and hard labour. It is further mentioned that he is bequeathing all movable and immovable properties held by himself and his wife jointly to the first defendant and his wife Nemuri Chandramma. Few months after the execution of the Will, Saya Goud died and the properties covered by the Will came into joint possession and enjoyment of Nemuri Chandramma and the first defendant. Subsequently, Nemuri Chandramma and the first defendant purchased the rights of the pattedar under an unregistered sale deed in respect of the land mentioned in the will and became the absolute owners of the lands mentioned in the Will. They also jointly purchased agricultural lands bearing Sy.Nos.291 and 602 of Lothukunta Village and were in joint possession and enjoyment of the same. After the death of Nemuri Saya Goud in the year 1956, his eldest son Balrajaiah Goud became the head of the family and exercised great control over his mother Nemuri Chandramma and his younger brother Nemuri Sathaiah Goud. Nemuri Chandramma was an illiterate. She was dominated by Balrajaiah Goud and the first defendant and she became the tool in their hands. In 1969, Balrajaiah Goud and the first defendant made Nemuri Chandramma to execute a release deed purporting to release all her rights in the properties held by her jointly with defendant No.1 in favour of the defendant No.1. The said release deed contains false recitals that Smt.Chandramma had only a life interest in the properties.

She is absolute owner of half of the properties. Therefore, the release deed is vitiated by fraud, undue influence and coercion exercised by the defendant No.1 and her husband Balrajaiah Goud. Nemuri Chandramma suffered in the hands of Balrajaiah Goud and his family members. Therefore, she left his house in 1979 and came to live with her younger son Sathaiah Goud at Secunderabad, being unable to bear with the ill-treatment meted out to her. When Nemuri Chandramma was living at Lothukunta under the control of Nemuri Balrajaiah Goud and his sons, the second defendant filed

O.S. No.927 of 1977 on the file of the III Additional Judge, City Civil Court, Secunderabad against his brothers, father, first defendant, his step mother Kausalya and grand mother Nemuri Chandramma for partition claiming that the properties mentioned therein are joint family properties. In course of the legal roceedings, they obtained thumb impressions of Nemuri Chandramma on a written statement, vakalat and other documents and papers without explaining to her the contents of those documents. During the pendency of the suit, Nemuri Balrajaiah Goud died and after his death the defendant No.2 and his brothers and mother ultimately came to a compromise to which they purported to divide the properties among themselves without concurrence of Nemuri Chandramma. The plaintiffs come to know that after Ne