JUDGMENT :- This is a defendant's second appeal arising out of a suit in respect of some plots of agricultural land.

2. One Sheo Raj was a hereditary tenant of the plots, in suit before the enforcement of the U. P. Zamindari Abolition and Land Reforms Act. He died leaving behind his widow Smt. Sirtaji as his heir. On 18-5-1954 Jokhan defendant, who is a collateral of Sheo Raj, filed suit No. 706 of 1954 in the revenue Court under section 59/61 of the U. P. Tenancy Act of 1939 impleading Smt. Sirtaji as a defendant. He alleged that the plots in suit were his hereditary tenancy and sought a declaration to that effect by the Court. The suit was decreed on the basis of an admission of Jokhan's claim purporting to have been made by Smt. Sirtaji. On 28-6-1954 Nandan, father of the respondents, filed an application in suit No. 706 of 1954 for setting aside the decree passed in that suit, stating that Smt. Sirtaji had died before the institution of the suit, and that the admission of the plaintiffs' claim purporting to have been made by Smt. Sirtaji was really made by an imposter set up by Jokhan himself. Subsequently, on 25-9-1954 Jokhan and Nandan filed in that suit an application in the

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