This second appeal arises out of a suit filed by respondents 1 and 2 as plaintiffs for partition and possession of their share of the properties left by one Muhammad Ismail Rowther who died on 3rd January, 1948 at an advanced age. Nearly a year before his death on 1st February, 1947 Muhammad Ismail executed a deed of gift conveying his properties to his two sons who were defendants in the suit. Besides these two sons Muhammad Ismail had two other daughters, Hamida Bi and Ayisha. The elder of these daughters Hamida Bi died on 28th September, 1948, leaving besides her husband a daughter. Hamida Bi’s husband is the plaintiff in the suit while his minor daughter by Hamida Bibi is the 2nd plaintiff. The other daughter of Muhammad Ismail Ayisha Bibi has been impleaded as the 3rd defendant.

Substantially the case of the plaintiffs and the 3rd defendant, who naturally supported the plaintiffs by filing a statement accepting the plaint allegations, was that the gift deed dated 1st February, 1947, marked as Exhibit B-1 in the case did not constitute an effective disposition of Muhammad Ismail’s properties with the result that at his death the properties still continued to be his and d