An illiterate person can validly attest a document, provided they have seen the executant sign or affix their mark, or received a personal acknowledgment of the signature.

Rai, J.

1. This appeal by defendants 1 to 3 is directed against the judgment and decree passed by the Additional Subordinate Judge, 4th Court, Saran, reversing those of the Additional Munsif, 1st Court, Siwan.

2. The plaintiff instituted the present suit for redemption of the usufructuary mortgage bond dated the llth October, 1933, executed by Dharichah Rai in favour of defendants 1 and 2 in respect of 1 bigha 2 kathas of land appertaining to khata No. 8 village Hariharpur Lalgarh, district Saran. The plaintiff further prayed for a declaration that the deed of gift dated the 13th June, 1944, alleged to have been executed by Dharichhan Rai in favour of his daughter Ramratia, defendant No. 3, was ante-dated and in effective in law. The plaintiff had also claimed mesne profits the account of which was set out at the foot of the plaint.

3. The case of the plaintiff was that Dharichhan Rai sold to him the properties in suit by means of a registered sale deed dated the 24th August, 1944, which was registered compulsorily on the 23rd December, 1044. After the registration of the deed of sale the plaintiff tendered the rehan money to defendants 1 and 2 but they refuged to accept the same. He thereafter deposited the money in accordance, with the provisions of section 83 of the Transfer of Property Act and instituted the present suit. His case further was that the alleged deed of gift in favour of Mt. Ramratia, defendant No. 3, had been brought into existence by antedating the same in order to harm the cause of the plaintiff. He asserted that he had every right to redeem the rehan.

4. The suit was contested by defendants 1 and 3. Defendant No. 1 pleaded in his written statement that after a partition between himself and defendant No. 2 the zarpeshgi bond in suit had fallen to his share. According to him, defendant No. 2 had no concern with the zarpeshgi bond on the relevant date. He challenged the genuineness of the sale deed in favour of the plaintiff and asserted that the deed of gift executed by Dharichhan Rai in favour of his daughter was a valid document. According to him, the daughter had come in possession of the properties covered by the deed of gift and had redeemed the rehan bond in suit. According to this defendant, the rehan bond was not in existence after redemption of the same by defendant No. 3. Defendant No. 3 also supported the cause of defendant No. 1. She challenged the genuineness of the sale deed in favour of the plaintiff and asserted that the deed of gift executed by her father was, a genuine document and had validly passed the properties to her. On these and other pleas both the defendants asserted that the suit was fit to be dismissed.

5. The Title suit was heard ,by the Additional Munsif. 1st Court Siwan. The learned Munsif recorded the following findings: The plaintiff had paid no consideration for the sale deed. The sale deed had been brought into existence after the execution of the deed of gift. The sale deed set up by the plaintiff was not a genuine document and was not for consideration. The deed of gift executed by Dharichhan Rai in favour of his daughter, defendant No. 3, was not antedated. The deed of gift was, however, not properly attested and was rot operative in law. On these findings the suit was dismissed.

6. The plaintiff thereafter went in appeal before the District Judge of Saran. The appeal was heard by the Additional Subordinate Judge, 4th Court, Chapra who agreed with the learned Munsif that the deed of gift was inoperative as it was not properly attested in accordance with law. The learned Subordinate Judge, however, held that the contesting defendants were not competent to challenge the passing of consideration under the sale deed when the same had not been challenged by Dharichhan Rai himself who was alive on the date of the institu-tion of the suit. According to him, the plaintiff had every right to redeem the rehan bond which would not be deemed to have extinguished by the all