Bapna, J.—These two appeals arise in suit for declaration which was subsequently amended so as to become a suit for possession.

2. One Gordhan Ahir resident of Nihalpur, Tehsil Behror, made a gift of his property to his daughters son Umrao resident of Gugadia, Tehsil Behror by document of 4th Feb., 1954. The gift related to the movable and immovable property and included house property as well as agricultural land. The document was duly registered and in respect of the agricultural land mutation in the name of the donee was affected on 10th January, 1946 by transfer No. 48. The plaintiffs who were collaterals of Gordhan instituted a suit out of which these two appeals have arisen, on 28th December, 1947 in the court of Munsiff, Behror for a declaration that the said deed of gift was invalid as it was contrary to the custom of the village. It was alleged that a transfer whether by way of sale, mortgage or gift could only be made in favour of the collaterals. Gordhan died during the pendency of the suit and a prayer for possession was also added by the plaintiffs Umrao contested the suit. He did not admit the existence of the custom pleaded by the plaintiffs and urged that the gift wa

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