( 1 ) THIS is a plaintiffs appeal arising out of a suit for declaration to the effect that the plaintiff was the owner of the houses in suit and entitled to recover rent of house No. 1 from defendants Nos. 9 and 10 and for possession over house No. 3.

( 2 ) THE suit was filed on the allegations that the plaintiffs uncle Mahadeo was the exclusive owner of the aforesaid houses, Smt. Bachohi, defendant No. 1 was his widow, Dullar, defendant no. 2 was his daughter, defendant Nos. 3 to 6 were the sons of his another daughter, defendants nos. 7 to 10 were the sons of Mahadeos yet another daughter Sudama and defendants Nos. 11 and 12 were the tenants of house No. 1. Since Mahadeo had no son, he used to treat the plaintiff as his son since his childhood and had great affection for him. The plaintiff also used to serve mahadeo and look after him. In Nov. , 1964, he fell 111. Hence, the plaintiff with the consent of defendant No. 1 got him admitted in the Railway hospital on 9-11-1964. It is alleged that the plaintiff had served him during the said illness also and Mahadeo expressed his desire to make a gift of the said houses to the plaintiff. Accordingly he executed a gift