R.L. Khurana, J.—This Regular Second Appeal against the judgment and decree dated 14th Match, 1989, of the learned Additional District Judge, Sirmaur at Nahan, was admitted on the following substantial questions of law :

1.. In the areas, where section 123 of the Transfer of Property Act was not applicable, whether gift to be valid must be followed by delivery of possession if the donor is in possession and is capable of giving delivery of possession and whether mutation in the name of donee alone is sufficient ?

2. Whether delivery of possession is necessary Hindu Law, if the parties are governed by Hindu Law, to make oral gift complete especially when the provisions of section 123 of Transfer of Property Act were not applicable ?

2. Briefly stated, the facts of the present case are these Respondent No. 1 (hereinafter referred to as the plaintiff) filed a suit for declaration to the effect that he is owner in possession of the land in dispute It was averred that he is owner in possession of the land in dispute and that in the month of April !98O, on obtaining the copies of the revenue record, it was revealed that the land in dispute has been wrongly mutated in favour of the