In this appeal two questions arise, namely, the document, Ex.45, under which the plaintiffs who are respondents Nos.1 to 3 before me claimed possession of the property from the defendants who are appellants Nos.1 and 2 and respondent No.3 before me, was in the nature of a gift deed or a will and. secondly, if it was a gift deed whether it was legally and validly attested. The said questions arise in the following circumstances.

The plaintiffs filed a suit in the Court of Third Joint Civil Judge (J.D.) at Baroda being Regular Civil Suit No.691 of 1961 for recovery of the possession of a residential building bearing census No.Ba/4,409 situated at Siyabaug, Babajipura. Baroda from the defendants. They were claiming the title of the property under the deed of gift, Ex.45, executed by one Bai Andar the widow of Rama Rayji executed on September 2, 1946. By the said gift the said Bai Andar gifted all her properties to the plaintiff No.3 Bai Chanchal who happened to be her niece, being husband's brother's daughter, out of natural love and affection. It was however, admitted in the said gift deed that the said Bai Andar shall have a life interest in the suit building and on her de