LINGARAJA RATH, J.

( 1 ) THE Judgment of the learned single Judge reversing the decision of the executing Court in E. A. No. 51/83 in E. P. No. 4/83 in O. S. No. 6/78 is in challenge. The learned Subordinate Judge, Adoni dismissed the claim petition of the respondents who had made the application under Order 21, Rule 58 of the Code of Civil Procedure opposing the attachment of the schedule properties standing in the name of the Judgment-debtor in the suit.

( 2 ) THE respondents preferred the claim on the plea that the attached properties have been gifted to them by the father by an oral gift on 1-1-1967, which fact was subsequently recorded in a Memorandum on 15-9-1969 and that thereafter, they have been throughout in possession of the properties, since, under the Mohammedan Law, gift of immovable properties does not require registration, the gift in their favour was valid as the possession had been delivered to them and they were in possession. The application was resisted by the decree holder disputing the gift saying that there was no gift on 1-1-1967 and the Memorandum was a collusive one created to defeat the decree. The executing Court held the gift to be invalid and inoperat

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