Kuldip Singh, Judge.

This judgment shall dispose of RSA No.318 of 2000 and Cross Objections No.536 of 2000. The second appeal has been directed against judgment, decree dated 01.04.2000 passed by District Judge, Shimla, in Civil Appeal No.65-S/13 of 1998, affirming judgment, decree dated 30.03.1998 passed by Sub Judge Ist Class, Court No.2, Shimla, in Case No.42/1 of 1997/89. The respondents have filed cross objections in the appeal. The parties in the judgment are referred as plaintiff and defendants. The plaintiff has filed the second appeal.

2. The facts, in brief, are that plaintiff had filed a suit for declaration that he was joint owner in possession to the extent of 5/16th share in the land situate at Bhadoni, Jabog, Khanet, Rehal Baichari Chaks, more specifically described in the plaint. The gift made by Smt. Tulsi in favour of defendants was illegal, null and void and of no consequence over the rights of plaintiff. The further case of the plaintiff is that Mahantu and Garbu two brothers had land in six villages namely Bhadoni, Jabog, Khanet, Rehal Baichari, Shilbagi and Chanan. In the year 1960 Bikrami partition took place between two brothers as a result of which