R.S.SARKARIA, J.

(1) THIS appeal by special leave is directed against a judgment, dated 9/11/1967, of the Patna High court decreeing the plaintiffs suit after reversing the judgment of the Additional District Judge. Dumka.

(2) ONE Ebad Sheikh, the predecessor-in-interest of the respondents herein, instituted a suit in the court of Subordinate Judge at Pakur in 1960 fora declaration that the hiba-bil-ewaz, dated 9/02/1959, executed by him, was void and inoperative due to fraud and misrepresentation proceeding from the donee, Afsar Sheikh, original defendant No. 1 (appellant No. 1 herein). Ebad claimed a further declaration, confirming his possession over the suit lands which were the subject of the hiba. In the alternative, he prayed for possession thereof.

(3) THE plaintiffs case as laid in the plaint is, that he is an illiterate, simple villager, aged about 90 years. On 2/04/1957, one Saifuddin fraudulently got executed and registered a will, dated 2/04/1957, by the plaintiff in favour of the former and his wife in respect of the suit lands. When this fraud was discovered by the plaintiff, he brought it to the notice of Afsar appellant, a distan