JUDGMENT

1. This is an application for leave to appeal to His Majesty in Council. The suit was commenced in the Court of the Subordinate Judge of Gorakhpur, the value of the subject-matter of the suit being said to be Rs. 4,000. The suit was one for a declaration that a certain deed of gift in favour of the defendants was not binding on the plaintiff after the death of a lady by name Mt. Rekha. The defendants succeeded in the trial Court and in the lower appellate Court that decision was reversed, and the suit decreed. In second appeal this Court confirmed the decree of the lower appellate Court. From that decision leave is sought by the defendants to appeal to His Majesty in Council. Affidavits have been filed with regard to the value of the property, and although the defendants have to admit that when the suit was originally instituted the value of the property was put by the plaintiff at Rs. 4000, and that they themselves in their appeal to this Court put the value at Rs. 4,000 nevertheless they contend that, on a true valuation, the property was of a value greater than Rs. 10,000. On the other hand, the proposed respondents do not agree to that valuation; and we are of opinion t