Ramratna Singh, J.

1. This appeal by the defendant arises, out of a suit for partition, which was decreed by a Subordinate Judge of Ranchi. The suit properties, which consist of some houses, situate within the Doranda Notified Area Committee, and some agricultural plots, belonged exclusively to one Mohammad Ismail, husband of the defendant, who died on the 25th October, 1957. The plaintiff-respondent claimed to be the first cousin of the deceased Ismail, and, therefore, he sought partition of his 12 annas share in the suit properties. The appellant claimed to be the absolute owner of the properties on the basis of an oral gift said to have been made by Ismail on the 26th September, 1957. She also denied any relationship between the plaintiff and Ismail.

The learned Subordinate Judge disbelieved the story of gift and held that, even if this story were true, the gift was invalid, as it was a death-bed gift and Ismail was not in a sound mental condition to make the gift. He also found that the plaintiff was the first cousin of the deceased, and, therefore, granted a decree for 12 annas share which the plaintiff would be entitled to get as the first cousin of Ismail under the M