Siddhartha Varma, J.—This is a defendant’s second appeal against the judgment 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 judgment 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:-

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 Prasad had six sons, namely, Panna Lal, Ghanshyam Da