JUDGMENT :- The plaintiff-appellant had sued for declaration and joint possession of land, 62 Bighas and 1 Biswa in area situated in Mauza Devki, Pargana Bharmour, in Khata No. 62 Khatauni No. 92 Khasra Nos. 1134, 1135, 1140, 1142, 1144, 1147 to 1150, 1166 and 1168. The only basis of his claim disclosed in the plaint dated 12-12-1957 was that he was entered as owner of a half of the above-mentioned land and that the defendants were entered as owners of the other half. The defendants, who are the sons of a man called Saraf and grandsons of Chand, denied the right and title of the plaintiff to any part of the land in dispute despite the entry of his name in the revenue records which according to the defendants, was erroneous. The plaintiff is a nephew of Chand mentioned above. He set up, in the course of evidence, a right flowing from a gift by Smt. Diukari, the widow of Chand, who was alive at the time when the suit was brought and is presumably still alive but was not examined as a witness. His case, taken up in evidence, was that Smt. Diukari, the step-mother of Saraf, had been given the land in dispute under a will made by Chand. It was also submitted that Smt. Diukari h