JUDGMENT :- This is a plaintiffs second appeal arising out of a suit for cancellation of a document dated 1-6-1958 executed by the plaintiff in favour of the defendant Ratna.

2. The plaintiffs case as set out in the plaint is that the land in question which is a piece of agricultural land situated in village Khamnor, District Udaipur was originally owned and possessed by one Damodar and the plaintiff and the defendant are the sole survivors of Damodar and consequently each of them is entitled to one-half share in the land in question. It is alleged by the plaintiff that by practising fraud on him the defendant managed to get the document in question executed by the plaintiff wherein the plaintiff was made to acknowledge that he had only one-third share in this land.

The plaintiff goes on to state that he discovered this fraud when he had a talk with some relations and friends of his on 20-6-1961 at the fair of Partap Jayanti in Khamnor. Having discovered this fraud he filed the present suit in the Court of Munsiff Nathdwara on 3-7-1961 praying that the document dated 1-6-1958 wherein the plaintiff had acknowledged that he had only one-third share in the land in dispute and t