( 1 ) THIS appeal is directed against an appellate decree passed in a suit for declaration of title and recovery of possession.

( 2 ) ONE Rahamatulla Naskar had two sons, Kamaruddi and Pijoruddi. On a partition between the two brothers, Pijoruddi got the properties now in dispute.

( 3 ) PIJORUDDI had two sons, Taimuddi and Nasaruddi and a daughter Achhiman Bibi. Nasaruddi died during the life time of his father leaving a widow Meherjan and a son Abdur Rahim Naskar. Pijoruddi died in 1338 B. S.

( 4 ) ABDUR Rahim Naskar is the plaintiff respondent in the present appeal.

( 5 ) AT one time Abdur Rahim Naskar set up a story that in or about 1332 B. S. Pijoruddi had made an oral Heba in respect of six annas share of his property in favour of him (Abdur Rahim Naskar), the motive for the Heba being love and affection for Abdur Rahim, who became disentitled to inherit Pijoruddi on account of the death of his father during Pijo-ruddi's life time. Six years after the Heba Pijoruddi died, and the plaintiff continued to enjoy and possess Pijorudoi's estate jointly with his uncle Taimuddi, living all the while with in joint mess. Joint possession was, however, found to be