( 1 ) THIS is a defendants second appeal arising out of a suit for (i) possession after cancellation of the gift-deed, dated 21-3-68 executed by Munshi Lal in favour of Chhuttan Lal appellant and (ii)declaration that the plaintiff and defendants 2 to 7 are the owners of the property entitled to realise the rent of the same. The short hut rather neat point arising in the appeal is whether the plaintiffs suit can succeed on the ground that the appellant Chhuttan Lal did not prove the gift-deed in accordance with Section 68, Evidence Act by examining an attesting witness.

( 2 ) THE suit was filed on 17-4-68 during the lifetime of Munshi Lal who was arrayed as defendant no. 2 by daughters children of Munshi Lal claiming to be his legal heirs. The prayer at that stage was for a declaration that the gift-deed in question (described as gift-deed executed (Iqrari) by munshi Lal in favour of Chhuttan Lal) was not binding on the heirs. They alleged that Munshi lal was a 95 years old and sick man who was not in proper control of his senses, that the appellant had taken him to Bulandshahr on the excuse of taking him for treatment and that the gift-deed had been secured and got re