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(4) On these pleadings, the parties went to trial. The trial court found that the respondent's one-fourth share over the property could not be disputed, that the release deed Ex. A-6 was valid and binding on the respondent, as she had failed to set aside the same at that distance of time. In the end, the suit was dismissed. The plaintiff preferred an appeal to the District Court, Nagarcoil. During the hearing of the appeal, the plaintiff filed an application I. A. 128 of 1964, for raising an additional ground namely that the release deed in respect of the property situated within the registration district of Colachal was registered in the office of the Sub-Registrar of Attingal and that it was void as being fraud on registration. Hearing the appeal on merits, the lower appellate court found that the release deed by the respondent's father was supported by consideration and necessity but found that the release deed was void on the additional ground raised in the lower appellate court. However, as the trial court had not considered the evidence with regard to mesne profits the lower appellate court remanded the suit for fresh trial on those issues. It is against this judgment and decree, the defendant has preferred this appeal.