JUDGMENT

C.C. Ghose, J. - This appeal must be dismissed and for the following reasons:

The appeal arises out of a suit for partition, wherein a preliminary decree was made by the Court below on 23rd January 1928. The facts shortly stated are as follows: One Wajuddin Bepari died, leaving him surviving his mother, who is defendant 2 in this suit, and two widows (plaintiffs 1 and 2). He left five sons and they are plaintiffs 3, 4, 5 and 6 and defendant 1. He also left three daughters, namely, defendant 3 and 4 and plaintiff 7. "Wajuddin Bepari was possessed of considerable moveable and immovable properties. There in no dispute about the shares of the parties. But the plaintiffs challenged a deed of gift set up by defendant 1, and indeed defendant 1 was the only person who contested the suit. Defendant 1 set up what is stated to be a deed of gift and ho alleged that' it had been executed by his father on the 14th Baisakh 1323 B. S., and that it related to one drone of the properties set out in Schedule 1 to the plaint. The immovable properties comprised in this suit are described in Schs. 1 and 2 of the plaint. The moveable properties are described in Schedule 3 and in Schedule 4 where t