Sinha, J.

1. This is an appeal by defendant 1 to the action. The suit was brought for declaration of title and recovery of possession together with mesne profits in respect of the suit lands. A short genealogy may now be given.

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The plaintiffs are daughters and son of Ilafiz. Their case is that the lands in suit belonged to Izharul Haque, who died leaving his widow, Asma Khatoon, and his son, Hafiz. After the death of Izharul Haque, the properties were inherited by Hafiz and his widowed mother, Asma Khatoon, Hafiz died leaving his widow, Mahmuda Khatoon, his mother, Asma Khatoon and two daughters and a son mentioned above.

According to the plaintiffs case, after the death of Ilafiz, the properties were inherited by all the heirs according to Mohamedan Law. The mother and the grandmother of the plaintiffs, according to their case, made an oral gift of their shares in the properties to the plaintiffs, and, thereupon, the plaintiffs became the 16 annas owners of the properties left by Hafiz. The plaintiffs were minors at the time of the death of Hafiz, which took place on 13-7-1932, and they were living under the guardianship of their mother, Mahmuda Khatoon.

On 3-4-1