This is an appeal on behalf of the defendants 1 and 3 against the decree passed by the learned Subordinate Judge, L. A. D., in a Title Suit brought by the plaintiff for a declaration that a deed of gift executed by the plaintiff's father on 15-12-1928 in favour of defendant 2 was not operative against the plaintiff and that the defendants 1, 2 and 3 had not acquired any right, title or interest in the land covered by the said deed of gift which was the sub­ject-matter of the present suit and for a further de­claration that the compromise decree dated 16-6-1930 and the ex parte decree obtained against the plaintiff on 21-7-1936 by the defendant 1 were both fraudulent and inoperative, and the plaintiff asked for confirmation and restitution of possession with regard to the property in suit.

(2) The plaintiff's case was that Homeswar, his father, died in 1931 leaving his widow and the plain­tiff, his only son, who was then a child of three years of age. It is alleged that Homeswar was a man of weak mind and was addicted to Ganja and defendant 2 Jadab Chandra Rai taking advantage of this evil habit of Homeswar became closely asso­ciated with him and engaged him as a cook for so