1. This second appeal was filed by the sole original defendant appellant against the sole plaintiff respondent challenging judgments and decree of both the Courts below. During the pendency of this second appeal, the appellant as well as the respondent died and their respective heirs were sub-stituted.

2. This second appeal arises out of Title Suit No. 11 of 1986 which was filed by the plaintiff respondent with respect to lands of several plots and khatas situated in villages-Barisawan, Vimari, Mahapur and Devaichkundi under Sahpur Police Station within the district of Bhojpur detailed in Schedule-I of the plaint for the following reliefs:

(a) Declaration that gift deed dated 1-12-1976 executed by Dhurendhra Tiwary in favour of defendant was forged, fabricated and for cancelling /setting it aside.

(b) A decree of cost of suit in favour of the plaintiff.

(c) Any other relief or reliefs to which the plaintiff is deemed entitled.

3. The claim of plaintiff was that the common ancestor of both the parties was one Kritarath Tiwary who had five sons, namely Har Prasad, Har Sewak, Mukhlal, Akchhaya Lal and Jageshar, out of whom Jageshar died issueless and both the sons of Har Pras