Niyogi, A J C—This appeal arises out of a suit for possession of a field and for re-recovery of mesne profits on the strength of the sale deed dated 10th December 1927 executed by appellant 2 deceased in favour of appellant 1 after he made a gift of the same to Rajaram, respondent 1. The trial Court decreed the claim, but in appeal the suit was dismissed.

2. The field in suit along with other property belonged to Laxman the deceased appellant 2 and his sons. There was a partition of the joint family property on 23rd March 1918 in the course of which Laxman gifted the field to Rajaram, respondent 1. The gift was oral. Laxman however got the field mutated in favour of the donee Rajaram, Rajaram continued to be in possession since 1918. Laxman then sold the field to the plaintiff on 10th December 1927. Rajaram pleaded that the field was transferred to him by Laxman at a partition as he was Laxman's daughter's son, and that he gave effect to it by relinquishing it under S. 59 (1), Berar Land Revenue Code, 1896. He also pleaded that he male a report of the gift to the village patwari under S. 96 (c), Berar Land Revenue Code, 1896, and had Rajaram's name substituted for that of La