Hon’ble Rakesh Tiwari, J.—Heard Sri Namwar Singh, Advocate assisted by Sri Sanjeev Singh, Advocate, learned counsel for the appellant, Sri Vinod Swaroop, Advocate, learned counsel for the respondents and perused the record.

2. This second appeal has been filed against by the appellant challenging the validity and correctness of the judgment and decree dated 15.4.1976 passed by Ist Additional District Judge, Ghazipur in Civil Appeal No. 41 of 1971 arising out of Original Suit No. 82 of 1966 between Sheodani Ram v. Ram and others.

3. On 10.5.1976 the appeal was admitted and notices were issued.

4. The relief sought by this appeal is for setting aside the judgment and decrees of the Courts below and to dismiss the suit of the defendant-respondent No. 1 with costs through out or grant such other and further relief as this Court deem fit and proper in the facts and circumstances of the case.

5. The brief facts culled out from the record are that Sita Ram/plaintiff-respondent filed suit No. 82 of 1966 on 22.3.1966 alleging that he, Ram Adhar Ram, defendant No. 7 and Shyamchandar Prasad, defendant No. 8, are related to one another through family of Narayan Sahu. According to family