JUDGMENT

Suhrawardy, J. - The plaintiff-respondent brought the present suit for khas possession basing his title upon a gift by the admitted owner of the property, Etim Meah, in favour of the plaintiff's vendors. The defendant denied the gift and claimed title under purchase from some of the heirs of Etim. The trial Court, on the evidence, found that the gift was not proved and dismissed the plaintiff's suit. On appeal the learned Subordinate Judge found upon the evidence on the record that the oral gift coupled with delivery of possession as alleged by the plaintiff, was satisfactorily proved and made a decree in his favour. This gift was made by Etim Miah on the eve of his departure for Mecca, where he subsequently died. The donees were the daughter's son of Etim. They were fatherless and were brought up from their childhood by him. Etim had a son to inherit his properties; and before he left for Mecca he made a gift of some of his properties in favour of his grandsons. About that time Etim also executed a deed of gift in favour of his grandsons, viz., on the day before his departure; but for some reason or other it was not registered. The learned Subordinate Judge is of opinion t