Judgment

KRISHNA IYER, J.:- The fate of this appeal by the defendant turns on the construction of a simple deed of gift Ex. A-7. Its language is plain, the intention of the donor is clear and yet it happens that a learned Single Judge of the High Court has in second appeal reversed what we consider to be the obviously correct conclusion reached by the District Judge in first appeal.

2. One Beni Singh had three sons and many properties. On a division among them, the properties set out in the B Schedule to the plaint fell to the share of two of his sons, Sheo Dihal Singh and Nepal Singh Subsequently, a partition inter se of these properties came to be made by decree of court on June 14, 1945 whereby properties in the C schedule to the plaint were allotted to Debi Prasad and Lal Bahadur (second defendant), children of Nepal Singh. D Schedule properties with which we are not concerned in this suit were allotted to Kali Prasad (first defendant, also appellant, before us). E schedule items were set apart for the sons of Sheo Dihal. We are not concerned with these items either. However, Debi Prasad instituted a suit for partition and separate possession of his share in C schedule