Hon’ble Siddhartha Varma, J.—This is a defendant’s second appeal against the judgement and decree dated 29.7.1985 passed by the Civil Judge, Ballia, in First Appeal No. 45 of 1983 whereby the appeal of the plaintiff respondent against the judgement and decree dated 17.1.1983 in Original Suit No. 340 of 1981 was allowed and the suit was decreed.

2. Briefly stated, facts of the case are that the predecessor in interest of the plaintiff Mahaveer, who had five sons, had various properties which included the property in question. The pedigree of the family of Mahaveer is reproduced here as under:

Mahaveer Singh
Hari Prasad		Chhotey Lal		Madhuban Prasad	Ram Chandra Prasad	Mahadev Prasad
Bela Kunwari (wife)
Badri Narain	Dwarika		Kanhaiya Lal
	Panna Lal	Ghanshyam Das		Awadh Bihari	Poonam Chand	Jagat Narain	UdhauJi

      3. Three out of the five sons of Mahaveer, namely, Chhotey Lal, Maduban Prasad and Mahadev Prasad died issue-less. Hari Prasad had three sons, namely, Badri Narain, Dwarika, and Kanhaiya Lal, whereas Ram Chandra