( 1 ) THIS appeal filed by original defendant No. 1 who died during the pendency of the suit and whose heirs viz. defendants Nos. 1 (1) to 1 (4) were brought on record is directed against an order passed by the lower appellate court in regular civil appeal No. 121 of 1976 of the court of the learned District Judge Bulsar at Navsari dismissing the appellants appeal and confirming the decree of the trial court in respondent No. 1s suit being regular civil suit No. 6 of 1972 which was decreed by the learned Civil Judge (Junior Division at Gandevi by his judgment and order dated 25th September 1976 declaring that the plaintiff and deceased defendant No. 1 each had one half share in the suit houses and appointing a Commissioner for making partition and ordering the drawing of a preliminary decree accordingly. . . . . . . . . . . . . . . . . . .

( 2 ) MR. D. D. Vyas the learned Advocate appearing for the appellants was not in a position to substantiate the case of the defendants with regard to ownership of the suit properties by virtue of the alleged oral gift by deceased Chhiba in favour of defendant No. 1. As rightly held by the courts below no such immovable property of