C.A. Vaidialingam, J.

1. In this second appeal on behalf of the appellants, defendants 1 to 3, their learned counsel Shri M. K. Nambiar challenges the concurrent view expressed by both the subordinate courts that the gift deed executed on 7-4-1944, Ext. B1, by one Mammootty in favour of his then minor wife, Seyinaba is not valid under Mohamedan Law.

2. There is no controversy that Mammootty, the executant of the gift deed, Ext. B1, was the owner of the properties mentioned therein. Under the said gift deed, Mammootty purported to make a gift of the 11 items of properties stated therein, in favour of his wife Seyinaba, who was on the date of the gift a minor, represented by her mother, the first defendant, as guardian. Mammootty died on 8-5-1946 and Seyinaba herself died on 15-2-1947.

3. The present suit, out of which this second appeal arises, was filed by the plaintiff, the brother of Mammootty and defendants 4 and 5, for partition and separate possession of his 6/16th share in the suit properties. According to the plaintiff, after the death of Mammootty, the suit properties devolved upon his heirs, namely, the plaintiff, defendants 4 and 5 and the widow of Mammootty, namely,