( 1 ) THIS is a defendants appeal against a decision of the Civil Judge of Lucknow partly allowing an appeal against the decree passed by a Munsif.

( 2 ) ONE Nanku, who is now dead and is represented by his legal representatives, filed a suit against the defendants-appellants on the ground, that the property in dispute belonged to Bhau, who was the last male owner. Bhau died in 1923, and was succeeded by his widow Srimati lachmin. Lachmin died on 21-6-1944. She had a brother, Kusher, whose widow is Jaini. Kusher had two sons Gur Prasad and Ganga Prasad. Jaini, Gur Prasad and Ganga Prasad are defendants 1, 2 and 3. The plaintiff claimed that on the death of Lachmin in 1944, he, as the brothers son of bhau, became entitled to the entire property as the next reversionary heir. The property in suit consisted of a house and a gonda on plot No. 763, a courtyard with certain trees and a well which were in plot No. 762 and tenancy plot No. 2909 with an area of 16 biswas. The trial Court held that Nanku was the reversionary heir of Bhau and decreed the suit. The lower appellate Court modified the decree as regards the courtyard and the trees and the well in it on the ground that