Heard the parties and with their consent this appeal is disposed of under Order 41, Rule 11 of the Code of Civil Procedure.

2. One Ramkhelawan Singh left behind his widow, Mostt. Moleshara, son Bala Singh and a daughter. Mostt. Moleshra executed a deed of gift dated 10.5.1976 in favour of Shea Narayan Singh, said to be her daughter's son in respect of the lands, detailed in schedule 'ka' to the plaint. Bala Singh filed Title Suit No. 28 of 1979 for declaration of the said deed of gift to be forged, fabricated and void. On the dispute regarding the years of death of Ramkhelawan Singh, whether in 1935 or 1945, both the courts below concurrently held that he died in 1945 i.e. after coming into force of the Hindu Women's Right to Property Act, 1937.

3. The defendant also examined the scribe and attesting witness of the said deed, Ext. A to prove execution thereof by Mostt. Moleshara. A sale deed, Ext. C dated 7.12.1978, executed by the defendant in favour of the plaintiff in respect of part of the Schedule 'ka' land i.e. part of the land covered under Ext. A was also brought on record to show that the plaintiff himself had purchased part of the suit land.

4. In such circumstances, I