JUDGMENT : - This is an appeal by an assignee-decree-holder who sought to attach in execution, a house in Tiruchirapalli which was claimed by the respondent, Gulsum Bibi, as having been gifted to her by her husband, Yusuf, who appears to have been a Telephone Inspector employed in Burma.

2. The learned District Judge of Tiruchirapalli confirmed the finding of the District Munsif that the house belonged to Gulsum Bibi by virtue of a valid and completed gift. This second appeal has been pending since 1949 because, it is explained notice could not be served on Gulsum Bibi despite four attempts made to serve her in Rangoon. Ultimately substituted service was effected and her present whereabouts appear to be unknown. Unfortunately therefore this appeal has to be heard and disposed of without hearing her or anyone on her behalf.

3. The relevant facts are these. The assignee-decree-holder took an assignment of a decree obtained by Yusufs first wife in respect of her Mahr for about Rs.816. Gulsum Bibi is Yusufs second wife. After Yusufs death Gulsum Bibi was impleaded as his legal representative. She contested the execution petition to attach this house; but unfortunately did not go