JUDGMENT

1. This appeal arises out of a suit for a declaration of title and confirmation of possession and in the alert native for recovery of possession. The plaintiff's case briefly was that he had purchased this land from defendant 3 by a kobala dated 16th September 1923 and after his purchase he had been receiving rent from defendant 4 who was actually in possession of the house and was his tenant. But since then defendant 1 had induced defendant 4 to pay rent to him. Defendant 1 who contested the suit contended that he had purchased the property from defendant 2 and that defendant 2 derived his title under a deed of gift of the property executed in his favour by defendant 3. The trial Court held that there had been a valid deed of gift by defendant 3 to defendant 2 and therefore as defendant 3 had at the time of the plaintiff's purchase no title to the property the plaintiff had acquired no title to the property by his purchase from her; so he dismissed the plaintiff's suit. The plaintiff appealed to the District Court. The learned Subordinate Judge who heard the appeal would seem to have come to the finding that defendant 3 never really executed a deed of gift in favour of def