P. K. MOHANTI, J.

( 1 ) THE second appeal is by the defendant against a decree of reversal.

( 2 ) THE plaintiff and the defendants are agnates. The defendant executed and registered a deed of gift on 3-6-1968 in favour of the plaintiff in respect of the suit lands; but subsequently he cancelled the same by a deed of cancellation dated 10-3-1970 on the ground that it was fraudulently obtained from him. The plaintiff's case was that the defendant being issueless and a widower was being looked after by him and being satisfied with him, the defendant voluntarily executed a deed of gift which was duly accepted by him and he remained in possession of the properties since the deed of gift. It was alleged that the defendant at the instance of some of the enemies of the plaintiff wanted to dispossess the plaintiff and hence he filed the suit for declaration of title and confirmation of possession, or in the alternative for recovery of possession of the suit properties.

( 3 ) THE defendant's contention was that in 1968 when he fell ill the plaintiff took him to the Bhubaneswar Hospital for treatment and from there the took him to the Sub-Registrar's Office at. Bhubaneswar for the purpose