This second appeal is by the plaintiff. The plaintiff lost in both the Courts below.

2. The suit was filed under Order 21 Rule 103 CPC prior to amend­ment. The plaintiff's case is that his grand father orally gifted him the land with delivery of possession and he used to reside thereon as the absolute owner. The plaintiff further stated that the parties are governed by Muslim law and as such gift by delivery of possession was in accordance with law. According to the plaintiff, the defendant No.l collusively filed a Title Suit against the defendant Nos.2 and 3, and while executing the decree being Title Execution No.56/72. he was dispossessed and hence the suit.

3. The suit was contested by the defendant Nos. 1, 4 to 7. According to the defendant No.l, the defendant Nos.2 and 3 agreed to sell their possessory right to her and as they refused she filed the above Title Suit and got a decree, and through execution of the decree she also got possession. Before the executing Court the present plaintiff-appellant filed petition, which was dismissed and (hereafter possession was delivered to the defendant No.l.

4. Mr. S'ngh, learned counsel for the appellant, has urged that as the suit was un

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