V. Suri Appa Rao J.

1. This appeal is filed against the judgment and decree dated 25.10.2005 in O.S. No. 127/2000 on the file of the Prl. Civil Judge (Sr. Dn.), Davanagere (hereinafter referred to as the ‘Trial Court’ for short). Respondent Nos.1 and 2 filed the suit against the appellant and others for partition of the suit schedule properties by metes and bounds after cancelling the registered partition deed dated 29.12.1969. For the sake of convenience, the parties are referred to as per their ranking in the original suit.

2. The plaintiffs are the son and daughter of the third defendant Ramachandrappa, who is the son of defendant No.1 through his first wife Gangamma. After the death of Gangamma, the first defendant married one Ningamma and the second defendant is the son of the said Ningamma. The step mother of defendant No.3 never treated him with love and affection and she used to harass and beat him for trivial reasons. The first defendant father of the third defendant was always acting under the influence and instructions of his second wife Ningamma and under her pressure, the first defendant was forced to execute a registered partition deed dated 29.12.1969, when