( 1 ) THIS appeal by the defendant is directed against the judgment and decree passed by the Fast track Court, Bijapur, in RA No. / dismissing the appeal and confirming the judgment and decree passed by the Court of Prl. Civil Court Judge (Jr. Dn.) Bijapur, in O. S. No. 440/98 dated 11. 8. 2004 decreeing the suit of the plaintiff for possession of suit schedule property from the defendant.

( 2 ) I have heard the Learned Counsel appearing for the appellant.

( 3 ) THE Learned Counsel appearing for the appellant submitted that the gift deed under which the possession is claimed by the plaintiff has not been proved in accordance with law. The learned Counsel submitted that under Section 68 of the Evidence Act (for short 'the Act') where the document is required to be compulsorily attested same can be proved by examining one of the attesting witnesses and since the execution of the gift deed is denied, it is incumbant upon the plaintiff to examine one of the attesting witnesses to the gift deed. In support of his contention he has relied upon the decision of the Hon'ble Supreme Court in Surendra Kumar Vs nathulav (AIR 2001 Supreme Court 2040) wherein it is held that when th