V. R. NEWASKAR, J.

( 1 ) THE only question Involved in this second appeal as regards the legitimacy of the defendants.

( 2 ) PLAINTIFFS Rewaram and Moolchand brought the pre-sent suit for a declaration that the defendants Ramratan jagannath and Bapu are not the legitimate sons of their father Balwant. The defendants denied the plaintiffs assertion and contended that they are the legitimate sons of Balwant. The controversy arose when on balwant's death the question of mutation of the lands standing in his name arose. Rewaram and Moolchand Submitted a petition before the Revenue Court alleging that they alone are the legitimate sons of Balwant and that their names should be mutated In place of deceased Balwant. This petition of Rewaram and Moolchand was opposed by Ramratan, Jagannath and Bapu claiming themselves to be the legitimate sons of Balwant. The revenue Courts upheld the contention of the latter three and directed the names of all the five to be mutated. Rewaram and moolchand feeling aggrieved by the decision of the Revenue Courts filed the present suit for declaration as indicated above.

( 3 ) THE two courts below on evidence found that Ramratan, Jagannath and Bapu were born

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