ORDER

This appeal by special leave arises from the judgment of the Division Bench of the Gujarat High Court made in FA No. 421/74 on September 13, 1979. The admitted facts are that one Motilal Gopalji was the owner of the properties bearing Revenue Survey No. 172/8 situated in Pratapnagar area of the city of Baroda. The property consists of 15 rooms of the chawl and an open land surrounding the same. The appellant is the sister of the first respondent. Motilal Gopalji had executed gift deed, Ex.111 dated May 15, 1965 in favour of the respondent. Thereafter, he had executed another deed, Ex.198 dated June 9, 1965, cancelling the said gift. He executed a will in favour of the appellant and another brother of the appellant on May 17, 1966. Motilal Gopalji died two days thereafter, i.e., May 19, 1966. Consequently, the respondent laid a suit in the Court of the Civil Judge, Senior Division in Baroda for declaration of his title to the properties and injunction restraining the appellant and her brother from collecting the rents. The trial court decreed the suit. On appeal, it was confirmed. Thus this appeal by special leave.

2. Shri R.P. Bhatt, learned senior counsel appearing for the app