( 1 ) THIS second appeal is filed against the judgment and decree passed by Extra Assistant Judge, Surat in Regular Civil Appeal No. 194 of 1977 of 22-1- 1979 affirming the judgment and decree dated 31-3-1977 passed in Regular Civil suit No. 368 of 1971 by Joint Civil Judge (J. D.), Surat by which the preliminary decree was passed in suit filed by the one Abdul Rehman for administration of the property left by Abdul Rahim Abdul Razak. The following three substantial questions were framed by this Court while admitting appeal which were required to be considered in this appeal : " (1) Whether the plaintiffs suit was barred under S. 1 read with S. 50 of the Administration of Evacuees Property Act. (2) Whether the suit was barred by res-judicata on account of decision between the parties in earlier suit No. 326 of 1969. (3) Whether the gift was made under the Mohammedan Law and was void or whether it was executed under the Transfer of Property Act and was valid. "

( 2 ) LEARNED Counsel for the appellants has pressed only Question No. 3 referred to above and therefore, other two questions deemed to have been abandoned.

( 3 ) FACTS essential for the decision of the aforesaid Q