JUDGMENT

B.D. Gupta, J. - This is a defendants' second appeal arising out of a suit for declaration that house No. 857, Nalbandi Tola (Katra), Allahabad, belonged to the plaintiff and that the plaintiff was the sole owner thereof. The trial court had dismissed the suit but on appeal by the plaintiff the suit was decreed. Hence this second appeal by two of the defendants who were arrayed in the suit as defendants 2 and 3.

2. The relevant facts may now be briefly stated. The house in suit was originally owned by a widow Smt. Sajja Bibi. On the 26th of April, 1955, according to the plaintiff's case, Smt. Sajja Bibi made a gift of the house and followed it up, the same day, by executing a gift deed and getting the same registered with the registration authorities. The plaintiff's case, as set forward in the plaint, was that at the time of the gift the property was in possession of tenants arrayed in the suit as defend. ants Nos. 4 to 6, and that those tenants attorned in plaintiff's favour consequent upon the gift by Smt Sajja Bibi. The donor, Smt. Sajja Bibi, died in February 1957 where after, according to the plaintiff's case, defendant-appellants, as also Mohammad Ismail arrayed as p