PATHAK, J. :- This special appeal is directed against the judgment and decree of a learned single Judge of this Court affirming the dismissal of a suit by the trial Court.

2. Rafi Ullah Khan had a son, Rafi-ul-Qadar. Rafi-ul-Qadar had two wives, of whom the appellant. Noor Jehan Begum, is one. The first respondent, Muftkhar Dad Khan, is a son by the other wife.

3. According to the appellant, on September 5, 1916 Rafi Ullah Khan executed a gift deed in favour of the appellant transferring a grove comprised in three plots with a total area of 16.23 acres situated in Mauja Ahmadpur Niazpur, pergana and tehsil Shahjahanpur, district Shahjahanpur. It is alleged that Rafi Ullah Khan put her in proprietary possession of the grove. Admittedly, no mutation proceedings were taken at the time. In September 1942, Rafi Ullah Khan caused a mutation application to be filed by the appellant and conveyed his written consent to the mutation. Before the mutation proceedings could conclude Rafi Ullah Khan died on September 25, 1942. Thereafter, the first respondent opposed the mutation application and it was rejected. Upon a subsequent application, mutation was effected in favour of the first r