( 1 ) THIS is defendants second appeal. It arises out of original suit No. 171 of 1974 filed by Smt. Triveni Devi, for declaration and cancellation of a gift deed dated 15-12-1962 executed by her in favour of the present defendant appellant, who is the nephew of her husband.

( 2 ) THE suit was instituted on the allegations that the plaintiff is the exclusive owner and in possession of two houses Nos. 17h and 1722 situate in Mohalla Anta Para. She has been residing over a portion of the house and the rest is in possession of the tenants. She is an illiterate old and Pardanasheen lady and is not aware about the legal formalities. The defendant-appellant used to against judgment and decree of District judge, Mathura, D/- 22-12-1979. visit the plaintiff off and on and served her about 10 years ago when she was ill. The defendant provided medicine etc. After gaining her confidence he one day suggested that to save her property and to exclude the other brothers of the defendant who would be otherwise legal heirs after the death of the plaintiff execute some document so that he alone be exclusive owner of the property to be left by her. She agreed to the suggestion of t