JUDGMENT :

SURJIT SINGH, J.

1. This appeal by the defendants is directed against the judgment and decree dated 3rd August, 1999 of learned District Judge, whereby accepting plaintiffs- respondents appeal, judgment and decree dated 29th October, 1997 of the trial Court have been partly set aside and a decree, declaring plaintiffs-respondents Brahma Nand and Subhash as owners of a part of the suit property, to the extent of 5 bigha 8 biswas, has been passed.

2. Present appeal was admitted on the following substantial questions of law:

"1. Whether self serving admission of Dalip Singh as power of attorney of Chet Ram, donor for execution of gift deed dated 4.2.93 Ext. PF is sufficient proof for the execution of gift deed Ext. PF when there is a dispute of execution of gift deed dated 4.2.93, more particularly, when neither scribe nor any attesting witness of the gift dated 4.2.93 has appeared in the witness box to prove gift and when Dalip Singh has an interest in the gift?

2. Whether gift deed Ext. PF by Dalip Singh as power of attorney of Chet Ram in favour of his own sons, Brahma Nand and Subhash is the result of breach of trust and fiduciary relationship as well as misuse of power of