MAHARAJAN, J. :- This appeal, which has been preferred by the defendant, is directed against the judgment of the learned Second Additional Subordinate Judge, Tiruchirapalli, in O. S. 160 of 1962.

2. The suit properties originally belonged to one Abdul Sathar, who died on 17-12-1960, leaving him surviving his mother Gujar Bi alias Hamida Bi (the plaintiff-respondent) and his wife Bhoona Bi (the defendant-appellant). Under Ex. B-l dated 13-11-1953, that is to say, about 7 years before his death, Abdul Sathar gifted items 1 and 2 of the plaint A schedule properties in favour of his wife. Under Ex. B-2, dated 21-10-1959, that is to say, about one year and two months before his death, Abdul Sathar gifted items 3 and 4 of the plaint A schedule and other properties in favour of his wife. The donee accepted the gifts, took delivery of possession of the gifted properties, collected rents therefrom and paid tax therefor. After the death of Abdul Sathar, however, his mother instituted a suit in forma pauperis for partition and separate possession of her 3/4th share in the properties on the basis that Abdul Sathar died possessed of these properties, without making any reference in the