( 1 ) THE present Second Appeal was filed by Smt. Phool Sakhi Devi (plaintiff-appellant) against the judgment and decree dated March 7, 1981 passed by the learned Civil Judge, Ballia (Lower Appellate court) whereby he confirmed the judgment and decree dated 1-6-1974 passed by the learned Additional Munsif, Ballia (Trial court), is Suit No. 254 of 1970.

( 2 ) IT appears that the said Smt. Phool sakhi Devi (plaintiff-appellant) filed a Suit being suit No. 245 of 1970 against Ram Sakal singh (defendant-respondent no. 1) and harsh Narain (defendant-respondent no. 2)as defendants nos. 1 and 2, respectively in the said Suit.

( 3 ) IT may be mentioned at the outset that the said Smt. Phool Sakhi Devi (plaintiff-appellant)expired during the pendency of the present Second Appeal, and she was substituted by her heirs and legal representatives, namely, Smt. Sushila Srivastava and three others (plaintiffs-respondents nos. l/ 1,1/2,1/3 and respectively ).

( 4 ) IT is further relevant to note that the said Ram Sakal Singh (defendant-respondent no. 1)expired during the pendency of the litigation before the Courts below, and was substituted by Ram Naresh Singh, Ram chandra Singh, Gopal Singh, Onka

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