ORDER

 This appeal by special leave arises from the judgment of the learned single Judge of the High Court of Bombay made on March 7, 1977 in Second Appeal No. 326/70.

The respondent had filed suit against his brother Govinddas on February 1, 1977 for partition of the plaint schedule property into two equal shares and allotment of one such share to the respondent-Mittulal. The plea taken by Govinddas was that the property was gifted over to their cousin sister Kasturibai who had entrusted the property to them for cultivation and was giving produce to them and thereby the land is not partible and the suit, therefore, was not maintainable. The trial Court accepted the plea and dismissed the suit. On appeal, the District Judge reversed the finding and held that the partition deed between the plaintiff and the defendant was only an intention to gift over the land to their cousin sister Kasturibai : It was not in fact executed and, therefore, the gift is not valid and does not bind the respondent. Accordingly, the suit was decreed. In the second appeal, it was confirmed. Thus, this appeal by special leave.

The only question that arises for consideration is : whether an intention to give