JUDGMENT :

1. This second appeal arises out of the judgment and decree dated 19.01.1999 and 25.01.1999 respectively, entered by learned District Judge, Siddharth Nagar, in Civil Appeal No. 40 of 1998, Kedarnath Vs. Ganga Prasad Rai & another, which partly modifies and largely upsets the judgment and decree dated 26.03.1998 and 07.04.1998 respectively rendered by the learned II-Additional Civil Judge (Junior Division), Bansi, Siddharth Nagar in Original Suit No. 295 of 1980, Kedar Nath Vs. Ganga Prasad Rai and another.

2. This second appeal has been instituted by Ganga Prasad Rai, who is arrayed as defendant no. 1 in the suit.

3. Civil action was brought by the plaintiff-respondent no.1, against the defendant no.1-appellant and defendant no.2-respondent no.2, by instituting Original Suit No. 295 of 1980, Kedar Nath Vs. Ganga Prasad and others, before the IInd Additional Civil Judge (Junior Division), Bansi, District Basti (Siddharth Nagar). The genealogical table set out in the plaint which describes the respective positions of the parties to the suit is extracted below.