1. By the present Second Appeal, the appellant is challenging the orders dated 31.12.1992 and 04.10.1994 passed by the Regular Civil Judge J.D., Ahmedpur in Regular Civil Suit No.76 of 1986, and the First Appellate Court in Regular Civil Appeal No.30 of 1993 dismissing the suit filed by the appellant-plaintiff for declaration of ownership and possession of house bearing Gram Panchayat No. 163 situated at village Gharani belongs the appellant by virtue of the oral gift which was later transcribed on a stamp paper.

2. The present Second Appeal is admitted on the substantial question of law No. XV as under :-

“ XV) The compliance of gift under Mohomedan law”, u/s. 152(3) may be by some “overt Act” between husband and wife is not mandatory condition when oral gift u/s 147 of the above law is also supported by a writing on a stamp paper.”

3. The facts giving rise to the present Second Appeal in brief are as under :

The appellant and respondent No. 2 are wife and husband respectively and governed by the Mohammedan Law .

4. The appellant and defendant No.2 were residing in their ancestral house at Gram Panchayat No.163 situated at village Gharni, Tq. Ahmedpur. It is the case of