Krishnaswami Ayyangar, J.

1. This is an appeal from the decree of the Subordinate Judge of Guntur in a suit instituted by the two sons and three daughters of a deceased Mahomedan Yusuf Baig, for a partition and recovery of their shares in the estate left by him. Yusuf Baig died on 3rd December 1927. Defendant 1 is his widow and she is the mother of the plaintiff. Defendants 2 and 3, Mohamed Ismail and Mohamed Gaffur, are his younger brothers. Defendants i and 5 are the wives of Mohammed Ismail.

2. The three brothers, Yusuf, Ismail and Gaffur were together carrying on a business in the manufacture and sale of beedies. From the profits of the business several immovable properties were purchased. They were treated as part of the assets of the business. On 22nd January 1926, Gaffur, the youngest of the brothers, left the business receiving for his share cash and property of the total value of Rs. 6000. The arrangement come to by the partners at the time is evidenced by a deed of release, Ex. A, executed by Gaffur in favour of his brothers. It is said that there was a counter part of this release, but it has not been produced. This deed of release contains the statement that it wa