BRIJ MOHAN LALL, J. :- This and the connected second appeal No. 2127 of 1945 are defendantsappeals against the appellate decree of the learned Civil Judge of Banaras. The latter disposed of by his judgment, three appeals pending before him thereby decreeing the plaintiff-respondents suit in toto.

2. It appears that the U.P. Government has sanctioned a scheme for planting trees by the roadsides in district board areas. Some trees are planted by the district boards themselves while permission is given sometimes to private individuals also to plant trees on the roadsides. The scheme contemplates that persons desirous of planting trees should obtain written consent of the district board, should tend and look alter the trees while they are young and protect them against frost and depredation by cattle during, their growth. After the trees are grown up a Sanad is issued to the planters recognising their title to the said trees.

3. Ghurahu Rai, plaintiff-respondent, obtained a Sanad of the aforesaid nature from the District Board of Banaras in 1905 in respect of 32 trees. In 1922 he again applied for a similar Sanad in respect of 24 more trees. He was asked to producethe written pe