1. One Makku Rowther died at the grand old age of 91 leaving behind properties and disputes, the one the inevitable sequel to the other, for, property often alienate brothers and sisters into plaintiffs and defendants. The death of Makku Rowther was the signal for a scramble for his properties, the plaintiff, one of his daughters, claiming a share and the sons, defendants 1 to 3, together with the only other daughter, the 4th defendant, resisting it setting up gifts to each one of them of some property or the other. If the story of the gifts were true, the plaintiff's suit has to fail and so the primary question that falls for decision before me and was considered by the courts below is the truth and validity of the gifts put forward in the written statements.

2. The defendants have a straight case of oral gift, but a second line of defence also has been taken up by them in that they have urged that the oral gift failing, they have a deed, Ext. BI, which operates as a gift although styled an agreement. Ext. BI is an unregistered instrument and the point has been mooted that, being unregistered, it is inadmissible in evidence to speak to a gift on account of the embargo c