Reuben, J.

1. This appeal is directed against a decision of the Additional District Judge of Patna reversing a decree of the Additional Subordinate Judge of Patna. The appellants were defendants 1 to 5 in the suit.

2. The appeal arises out of a suit brought by one Zakariya, respondent 1, for the declaration of his eight-anna share in holding no. 124 in mohalla Bakarganj of Patna City consisting of four blocks of residential houses and seventeen Katras (small shop buildings) formerly belonging to one Bibi Amani Jan, and for a declaration that Amiruddin, the husband of defendant 1 and the father of defendants 2 to 5, did not acquire any title to this property under the registered deed of gift dated 2nd of July 1920, executed in his favour by Mt. Amani Jan. There was also a prayer for confirmation of possession and, in the alternative for recovery of possession. Bibi Amani Jan was the sister of Alamgir Khan, the father of plaintiff Zakariya. She had a sister, Mt. Muhamadi Jan, who had three sons, Amiruddin, who has just been mentioned, Zamiruddin (defendant 6) and Bashiruddin, whose widow is defendant 8. Mt. Amani Jan died in 1936. According to the plaintiff, he succeeded to e