R. S. Thakur, J.—This Regular Second Appeal arises out of the judgment and decree passed by the learned Additional District Judge, Mandi, Kullu and Lauhal Spiti Districts, dated March 11, 1976, in camp at Kullu, whereby he dismissed the suit of Shetu, appellant in this appeal, against Dolu (hereinafter referred to as the contesting respondent) and one Kalmu while accepting the appeal of the contesting respondent Dolu.

2. The facts in brief are that the appellant as plaintiff instituted a suit in the court of the Senior Sub-Judge, at Kullu, with the averments that one Hudi, since deceased, was inter alia, owner of 3 bighas and 16 biswas of land (hereinafter referred to as the suit land), described in the plaint, said Hudi was issueless and his family consisted only of himself and his wife. Since they were both in old age, they depended upon others to serve and look after them and for this purpose said Hudi alienated substantial part of his landed property and in fact had also us fructuously mortgaged the suit land in favour of Kalmu who was defendant No. 2 in the suit. Since the appellant was serving said Hudi and his wife, said Hudi executed a registered gift deed in favour