1. An interesting question of law is involved in this second appeal. The defendant in O.S. 560 of 1974 is the appellant in this second appeal The respondents plaintiffs in that action brought the said suit for partition, for recovery of future mesne profits and for rendition of accounts. The respondents contended that the suit properties are the ancestral properties in the hands of their father and his brother, the appellant, that the release deed Ex. A1, dated 30th April, 1957 executed by their father in favour of the appellant where by their father purported to surrender not only his interest but also the interest of the plaintiffs on the suit property will not bind their interests and therefore, they are entitled to a half share in the property.

2. The defence is, the original to Ex. A1 is really a sale, that such a sale was for discharging antecedent debts and that therefore Ex. A1 is binding on the respondents. It is unnecessary to refer to the other defences taken by the appellants viz., that the properties are not the joint-family properties in the hands of the plaintiffs father and the appellant, because there is a concurrent finding of fact by both the courts be