Tandon, J. - (1.) THIS is an appeal against the judgment of a learned single Judge dated the 13th December, 1957. The fact so far as they are necessary for the present purposes may be set out thus:
(2.) ONE Sarfaraz Khan had three sons, who were Muhammad Ali Khan, Nazar Mohammad Khan and Ikram Husain Khan. The father owned certain under proprietary plots which admittedly were protected land within the definition of that expression under the UP Regulation of Agricultural Credit Act (No. XIV of 1940). On the 10th May, 1950, he made an oral gift of his interest in the under proprietary plots in favour of his two sons Nazar Mohammad Khan and Ikram Husain Khan. There was, thereafter, an application before the revenue authority by the two donees for mutation in their favour which was opposed by the third son. The donees remained unsuccessful before the mutation authorities whereupon they commenced their suit for a declaration that they were the owners of the said property and they founded their claim on the oral gift made in their favour by their father. This suit was opposed by the third son and the learned Munsif dismissed it. On appeal to the District Judge the Plaintiffs were successful. This led to a second appeal to this Court which was decided by the learned single Judge against whose judgment the present appeal has been preferred. The learned Judge set aside the decree passed by the lower appellate Court restoring the decree passed by the Munsif. In the present appeal which is against the judgment of the learned single Judge,;