1. The 3rd plaintiff (additional) in O.S. No. 112 of 1095 of the District Court of Kottayam is the appellant before us. In execution of the decree in the suit the appellant applied for delivery of one acre of property in survey plot No. 201/1 of the Kanjirappally North Pakuthy together with the building thereon. The contentions of the respondent (102nd defendant) as summarised by the court below are:

"That the 35th defendant, his father, had no rights over the property even on the date of the suit, that the 35th defendant has gifted this property under Ext. I to himself and his mother on 3.6.1095, long before the suit, that the mother in turn gifted her rights over the property to him under Ext. II in 1101, that ever since that date, he is in possession of the property in his own independent title, that neither he nor his mother was a party to this decree, that the decree is not binding on him and his property and that therefore the plaintiff is not entitled to get possession of the property."

2. The only question, as can be seen from the summary of contentions extracted above, that arises for consideration is whether the gift deed Ext. I is affected by the rule of lis pe