JUDGMENT

S.N. Katju, J. - This is a plaintiff's appeal arising out of a suit for declaration that he is a co-bhumidhar and co-sirdar of the plots mentioned in the plaint. It was alleged that the plots in dispute belonged to Gauji and after his death they were inherited by his two sons the plaintiff Jaggu and the first defendant Basantu and both of them were co-bhumidhars and co-sirdars of the plot in dispute. Smt. Sudhni was the wife of Gauji. It was contended on behalf of the first defendant that Jaggu was not the son of Gauji. Sudhni had married one Nepal and Jaggu was his son, and after the death of Nepal, Sudhni had contracted a second marriage with Gauji and Basantu was the son of Gauji. The first defendant, therefore, contested the Jaggu had no interest whatsoever in the plots in dispute and was not entitled to the reliefs claimed by him. The trial court decreed the plaintiffs suit. The first defendant had relied on a statement made by Smt. Sudhni in an earlier suit instituted under Sec. 59 of the U.P. Tenancy Act in which she had stated that she was first married to one Nepal and Jaggu was born of that union and after the death of Nepal she had married Gauji and Basantu was b