The defendant in the court below is the appellant. The plaintiffs have filed a suit for partition claiming 1/2 share in the suit property bearing Old No.2 New No.2/1 and 2/2 Sheruffudin Sehib Street, Choolaimedu, Chennai-24. The suit was filed on the basis that V.Natesapillai was the Kartha of Hindu undivided family along with his two sons N.Ethirajan, the father of the first plaintiff and the defendant and the suit property according to the plaintiffs is the copartionary property. The second plaintiff is the wife of the said N.Ethirajan. After the death of Natesapillai who died on 05.01.1959 the coparcenary property devolved by survivorship upon the two sons stated above.

2. According to the plaintiffs, the father of the first plaintiff and the husband of the second plaintiff, namely, N.Ethirajan is stated to have executed a release deed on 30.12.1972 in respect of his right in the coparcenary property in favour of the defendant and the said release deed is concocted and invalid. At the time when the said Ethirajan executed the release deed the second plaintiff was conceived and the child, namely, the first plaintiff was born on 18.09.1973 and therefore, the first pla