( 1 ) THIS is defendants' first appeal u/s. 96 of the Code of Civil Procedure, against the judgment and decree dated 6-5-1985 passed by Shri A. N. Thakur, VIth Additional Judge to the Court of District Judge, Jabalpur, in Civil Suit No. 2-A of 1978, directing them to deliver vacant possession of area 36885 sq. ft. of land of plot No. 434, Gorakhpur, Jabalpur together with costs.

( 2 ) THE facts of the case tell the unfortunate history of family feud and love. Labourlost between two sisters. One Shir P. S. Chouhan, an Indian Christian, admittedly owned vast properties including houses, out-houses and 5. 74 acres of open land at Gorakhpur, Jabalpur. He was unmarried and issueless and, therefore decided to give-away the said properties to his two sisters, Mrs. Dayabai Lakshmanan and Mrs. Grace Pritabai Morris, in equal shares and for that purpose executed a registered gift deed on 8-4-1935. Mrs. Dayabai Lakshmanan is now survived by appellants Nos. 2, 3 and 4 while Mrs. Grace Pritabai Morris is survived by appellant No. 1 and respondent No. 3, her two daughters. There had been no partition between two sisters of Shri P. S. Chouhan and, therefore, the properties conti