P. Subramonian Poti, J.

1. A preliminary objection is raised. In execution of a decree for recovery of money obtained against the assets of deceased Kunhimoideenkutty Haji represented by his wife and children certain item of property was attached, to which first defendant, the wife of Kunhimoideenkutty Haji laid claim as her own. Since she was not personally liable under the decree she contended that the attached item was not liable to be proceeded against and the attachment should be raised. The claim to that item was based on a gift Ex. Al dated 2-7-1951 from her deceased husband. The gift was long prior to the suit. The answer of the decree holder was that the gift was void under the Mohammedan law as it did not convey possession. If it was not so void the objection by the first defendant was sustainable and proceedings could not be taken. Therefore the question that had to be decided on the objection was whether there was delivery of possession under the gift deed Ex. Al, and if not whether the gift was void in law. The execution court held that the gift was void. The appellate court concurred with this. Against that this second appeal has been filed.

2. The preliminary o