K.N. Srivastava, J. - (1.) This is an appeal by the unsuccessful Plaintiff arising out of the following facts: The property in dispute belonged to one Karimullah who sold the same to his son Noor Mohammad by a registered deed dated 27 -10 -1933. Noor Mohammad is said to have gifted these houses along with another house to his nephews Mohammad Saeed, Mohammad Hanif and Mohammad Amin on 15 -1 -1947. According to the Plaintiff, actual delivery of possession was not necessary in this case because the donees resided in the same house with the donor. The donees are said to have sold the houses to the Plaintiff on 3 -2 -1956. According to the Plaintiff, the Defendants are alleged to have purchased there houses from Noor Mohammad on 6 -11 -1954 and as Noor Mohammad had no right, title and interest in these houses after having executed the gift deed, the Defendants did not acquire any right, title and interest in these houses by the sale deed dated 6 -11 -1954.
(2.) The suit was contested by the Defendants who alleged that the gift was incomplete in so far as no delivery of possession was given to the donees of the houses and that the donees never resided with the donor at the time of the execution of the gilt. According to the Defendants, the house remained in the possession of Noor Mohammad who was the owner of the same and he had the right to transfer these houses to the Defendants.
(3.) The learned Munsif dismissed the suit. Being dissatisfied, the Plaintiff filed an appeal. The appeal was also dismissed by the lower appellate court. The Plaintiff has now filed this second appeal.;