1. Plaintiffs 1 and 2, who are the daughters of one Hassan Ghani Rowther, and their assignee the third plaintiff, sued for partition of 2/3rd of 7/8th share of the suit properties. The suit was contested mainly by defendants 4 & 8 who are the appellants in this Second Appeal. Hassan Ghani Rowther had made a gift of item 1 and of portions of items 2 & 5 of the suit properties by Ext. I dated the 23rd Meenom, 1099, in favour of the five children of his deceased brother, three of whom are defendants 1 to 3 and the other two, were the predecessors-in-interest of defendants 4 and 6 and of the 7th defendant. Hassan Ghani Rowther died in the year 1107. In execution of the decree Ext. II, in O. S.207 of 1113, the 8th defendant purchased a portion of item 2 of the suit properties. The main contention of defendants 4 and 8 in the courts below and in second appeal was founded on Ext. I. This was held to be a valid gift by the trial court and on appeal to be invalid, under the Mohammedan Law, there having been no delivery of possession

under it.

2. The appellate court has found on the oral evidence and on the terms of Ext. I, that there had been no delivery of possession under Ext.