SRIVASTAVA, J.:

The pLalntiffs - Harkesh Singh and Mukhtar Singh are the two sons of Risal Singh. Risal Singh had a sister, and Mangal Singh, the present defendant-appellant, is the son of that sister. On the 10th of September 1930, Risal Singh executed a deed of gift in respect of the properties in dispute in favour of his sisters son, defendant-appellant Mangal Singh. The pLalntiffs sued to avoid this deed of gift on the ground that they formed a joint Hindu family with their father, Risal Singh, and alleged that as the gifted property was their joint family property, Risal Singh had no right to give it away to the defendant.

They, therefore, cLalmed a declaration that the deed of gift was null and void and cLalmed possession over the properties. Along with the donee Mangal Singh, Risal Singh was also joined in the suit as proforma defendant. Only Mangal Singh contested the suit. He did not dispute the fact that Risal Singh and the pLalntiffs formed a joint Hindu family but tried to support the gift mainly on the ground that the gifted properties were self-acquired properties of Risal Singh and not the joint family properties of his family.

The pLalntiffs, he contended were