Ramachandra Iyer, J.- This appeal is under clause 15 of the Letters Patent against the Judgment of Krishnaswami Nayudu, J., in S.A. 1407 of 1949. That arose out of a suit filed by the appellants against the respondents for partition and separate possession of the suit properties. One Vappu Rowther was the owner of the properties. He died in 1936. He left behind him a daughter Savuravan Beevi through his pre-deceased first wife, his second wife, Zuleka Beevi and a son by her, the first respondent to the appeal. Zuleka Beevi died after the succession to the estate of Vappu Rowther opened. Savuravan Beevi died in 1944 leaving behind her her children the appellants as her heirs. The appellants claim that their mother was entitled to a share in the properties as an heir of Vappu Rowther, that on the death of their mother they were entitled to the same. The defence of the first respondent was that Savuravan Beevi even during the lifetime of Vappu Rowther had executed a release Exhibit B-6 on 13th January, 1936 relinquishing all her rights of inheritance in the properties of her father Vappu Rowther in consideration of a payment of Rs. 300. To secure that sum of Rs.300 and as part of the

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