Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and decree passed by the 1st Addl. Civil Judge, Meerut. The facts giving rise to this appeal are as follows: - - Niaz Ahmad was the owner of the disputed property. He transferred it to his wife Asghari Begum on 23rd August, 1934. Mst. Asghari Begum, on 14 -10 -1946, again gifted this property to Niaz Ahmad. Niaz Ahmad then made a gift of this property to Smt. Rashidunissa on 10 -9 -1958. The defendants are the tenants of this house. Niaz Ahmad and Smt. Rashidunissa then filed a suit alleging that the defendants threatened to make certain constructions in the house in question and, therefore, they be restrained from making the unauthorized constructions in the house. Both the plaintiffs died during the pendency of the suit and Azaz Ahmad, the present appellant, was substituted in their place.
(2.) The suit was contested by the defendants and, inter alia, it was pleaded that Niaz Ahmad had no right, title or interest in the disputed house and, as such, the suit was not maintainable.
(3.) The trial court believed the allegations made by the plaintiff and decreed the suit. The defendants filed an appeal. The lower appellate court held that the two gift deeds dated 14th October, 1946, and 10th September, 1958, required attestation, as laid down u/S. 123 of the Transfer of Property Act and as none of the attesting witnesses was produced to prove this document, therefore, the gift deeds were not admissible in evidence, as laid down u/S. 68 of the Evidence Act and, therefore, the plaintiff failed to prove his title to the disputed house. On these findings, the appeal was allowed and the plaintiff's suit was dismissed.;