1. The plaintiff and his father were-members of an undivided family. The father made a gift of about eight acres of land which formed ancestral property to the first defendant, his daughter, in 1899, The father died in 1904, and the plaintiff sues to recover possession of the land given to the first defendant by his father, on the ground that the father was not competent to make a gift of joint family property. The family owned not less than 200 acres at the time of the gift.

2. The lower appellate court was of opinion that the plaintiffs father had intended at the time of her marriage to give some properties to the first defendant and as he was only carrying out that intention by making this gift, it is valid.

3. The marriage took place about forty years before the gift. There is no evidence that the father then had any intention to give any property to the first defendant. We are, therfore, unable to accept that finding. Is the gift then valid?

4. The Hindu law texts fully support the proposition that it is competent to a father to make gifts of jewels or other ancestral move able property to his daughter on her marriage. In a learned judgment it has been held by the High Co