This appeal is against the judgment and decree passed by learned District Judge, Garhwa in Partition Appeal No. 20/ 06 whereby learned Lower Appellate Court has affirmed and upheld the judgment and decree of learned Trial Court.

2. The appellant was the defendant No. 3 in Partition Suit No. 20/03 filed by the plaintiff-Md. Sabir. The plaintiff had filed the said partition suit praying relief for partition of his half share in the suit land.

3. According to the plaintiff, the suit premises were acquired by his father Md. Jan Mian. The plaintiff and defendant No. 1 were properly looking after their father. Being pleased by their services, Md. Jan Mian had made an oral gift in favour of the plaintiff and the defendant No.1. A memorandum of the said oral gift was prepared on 20.3.91. As per the terms of the said oral gift, the plaintiff and the defendant No. 1 were given the suit property jointly. The plaintiff as such claimed his half share in the suit property.

4. The defendant No.3 contested the suit on the ground, inter alia, that his father Md. Jan Mian had three sons and six daugh.ters and all the sons and daughters are entitled to get their share in the suit property. The said