P. L. BHARGAVA, J.

( 1 ) NAWAB Chunnan and Nawab Kallan were real brothers. The former had two sons, Nawab amjad Ali Khan and Wilayat Ali alias Wilayat Husain and the latter had a son named Mubarak husain. Amjad Ali Khan was married to Mt. Razia Begam, the plaintiff-respondent, who instituted the suit, which has given rise to this appeal, to obtain a declaration that she was the owner in possession of house No. 42/13, situate in Mohalla Chah-meh-man In the city of banaras, and that Sheikh Ghulam Abbas (defendant-appellant) had acquired no title thereto by purchase at an auction-sale in execution of a decree against Amjad Ali Khan, who had no interest therein. Amjad Ali Khan, who was arrayed as a defendant in the suit, died during the pendency of the suit; and Razia Begam and Wilayat Husain now appear on the record as his legal representatives.

( 2 ) NAWAB Amjad Ali Khan was the owner of two adjoining houses, bearing Nos. 15/60 and 15/61, situate in mohalla Chahmehman in Banaras. On 12-7-1919, he sold house No. 15/60 (new no. 42/12) to the appellant, Ghulam Abbas. The other house No. 15/61, at some time or the other, was given two numbers, No 15/61a (new No. 42/13) and No. 15/61 (new No. 42/14 ). It is said that there is an Imambara in the house and that portion of the house bears old No. 15/61, corresponding to new No. 42/14. As already stated, the plaintiff sought declaration in respect of house bearing new No. 42/13, which corresponds to old No. 15/61.

( 3 ) ACCORDING to Sheikh Ghulam Abbas appellants contention Amjad Ali Khan started Borrowing money in the year 1914, when he executed a mortgage in favour of certain persons. Then he sold one of his houses to the appellant. Thereafter, he executed another mortgage in 1925 and one more mortgage in 1927; and in order to pay off these mortgages, he executed a mortgage in favour of the appellant, on 27-7-1929, hypothecating the entire house No. 15/61. The money due on the last mortgage not having been paid, suit No. 32 of 1936 was instituted by the appellant in the Court of Civil Judge of Banaras. A preliminary decree was made on 28-5-1936; and it was made absolute on 6-2-1937. That is the decree in execution whereof the house in dispute was sold and purchased by the appellant.

( 4 ) AFTER the sale in his favour the appellant, Sheikh Ghulam Abbas, wanted to take possession over the house in dispute. Mubarak Husain objected to the delivery of possession over that portion of the house, which is said to be the Imambara, bearing No. 15/61 (new No. 42/14 ). He instituted suit No. 149 of 1938 in the Court of Civil Judge, Banaras; but we do not know what happened in that suit, and the fact is also not material for purposes of this appeal. Razia. Begam filed an application under Order 21, Rule 100, Civil P. C. , objecting to the delivery of possession in favour of Ghulam Abbas on the ground that she was in possession of house No. 15/61a (new no. 42/13) in her own right, under an oral gift in lieu of Rs. 2500, part of her dower, which amounted to Rs. 15,000. The gift was said to have been made on 23-6-1926. The application having been dismissed, she instituted the suit for declaration of her title.

( 5 ) SHEIKH Ghulam Abbas contested the suit. He denied the alleged gift and contended that, even if such a gift was ever made, it was void and ineffectual because such a gift for consideration amounted to a sale, which could only be made by means of a registered document.

( 6 ) THE Courts below have held, that the transfer set-up by Razia Begam was, in fact, made by amjad Ali Khan and it was a gift and not a sale, and as such it could be made orally. The suit was decreed by the trial Court; and the decree was affirmed by the lower appellate Court. Sheikh ghulam Abbas has now preferred this appeal.

( 7 ) THE appeal came up for hearing before a Division Bench; and the main question argued on behalf of the appellant was that a transfer of immoveable property of the value of more than Rs. 100, mad

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