JUDGMENT

1. This is an appeal on behalf of the plaintiff in a suit for declaration of title to Immovable property and for recovery of possession thereof. The properties in dispute admittedly belonged to one Dapu, the father of the plaintiff and of the defendant. On the 7th September 1907 Dapu. executed a hiba-bil-iwaz in favour of the defendant and had the document registered seven days later. He died shortly after on the 23rd November 907. The case for the plaintiff is that this hiba-bil-iwaz is inoperative and did not create any valid title in the defendant. The validity of the instrument was attacked explicitly on the ground that it had been obtained by undue influence; it was also described somewhat vaguely as illegal and inoperative.

2. In this Court, as in the Courts below, the document has been assailed on two grounds, namely, first, that, as there is no proof of payment of the consideration mentioned in the deed, it cannot take effect as a hiba-bil-iwaz, and secondly, that if it be treated as a deed of gift without consideration, it cannot take effect, as there is no evidence that the properties covered thereby were delivered to the donee. The Courts below have found concurre