( 1 ) THIS is a defendants second appeal from the concurrent decisions of the Courts below decreeing the plaintiff-respondents suit for a declaration of her title as owner of the shop and for recovery of possession in case she was found out of it. The plaintiff Smt. Ram Devi is the sister of defendant Har Prasad and the dispute is about the ownership of a shop in Jaswantnagar. She alleged in her plaint that her father Jwala Prasad had four sons, Har Prasad the defendant, Beni prasad, Tribeni Prasad, and Gur Prasad, and three daughters, Maha Devi, Sukh Devi, and Ram devi the plaintiff. In 1918 one of the sons, Beni Prasad, filed a suit for partition as a result of which the shop in dispute became the separate property of her lather. In 1927 he executed a deed of gift in her favour donating this shop and other properties. She appointed her own brother the defendant Har Prasad, as her Mukhtar-e-Am for the management of these properties, but he played her false and began to assert a rival title with her tenants with the result that she was compelled to revoke his authority and then filed the present suit for a vindication of her right. Har Prasad resisted the suit and