The present second appeal by the defendant

assailing the judgment and decree dated 15.07.2009 in

R.A. No.117/2006 on the file of the Principal District

Judge, Bidar reversing the judgment and decree dated

18.09.2006 in O.S.No.149/1994 on the file of the

Additional Civil Judge (Senior Division), Bidar.

This Court while admitting the appeal has

framed the following substantial question of law:

“(1) Whether the first appellate court was right in

holding that Ex.D.1 is not a document, which was

referred to in the written statement by the defendant

and therefore, such a document which was produced

in evidence could not be believed as Ladlibi had

made an oral gift and hence, there could not have

been made an oral gift accompanied with Ex.D1?

(2)

Whether the first appellate court was right in

decreeing the plaintiffs suit although under Ex.D1 the

original owner of the suit schedule property Ladlibi

had gifted the property to the husband of plaintiff

No.1 and to the defendant in equal share and they

had also signed Ex.D1 by accepting the said gift?”

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Learned counsel for the appellant and learned

counsel for the respondents have been heard on the

substantial questions of law fr