N. N. Sharma, J. - (1.) THIS appeal is directed against the judgment and decree of II Addl. District Judge, Varanasi dated 30-1-1974 confirming the decree dated 5-1-1973 of Civil Judge, Gyanpur in Suit no. 32 of 1971 by which plaintiff's claim was decreed for declaration that they are the owners of the tank, trees and constructions situated in the property in dispute.
(2.) PLAINTIFF came to the court with the allegation that village Domanpur Barhath was formerly Namenzuri village of Kashiraj and in this village plot no. 397 measuring 8 Bigha 17 Biswas 2 Dhoors was tank which had been filled up. It was further averred that Sri Bali Karan, father of the plaintiff moved an application before Collector , Bhadohi and obtained settlement of 2 Bighas 10 Biswas out of this plot for digging the tank after payment of Nazrana amounting to Rs. 250/- on 16th June, 1942. Plaintiff's father got the tank dug and secured another settlement dated 13th September, 1945 with regard to an area of 4 Biswas 10 Dhurs in plot no. 395, lBiswa 10 Dhurs in plot no. 396 and 3 Bighas 17 Biswas and 10 Dhurs in plot no. 397 on payment of fresh Nazrana amounting to Rs. 835/-. Thus he got the tank dug in an area measuring 6 Bighas 13 Biswas and 10 Dhurs. These agreements were registered documents.
(3.) IT was further averred that plaintiff's father obtained an inheritable right of ownership in respect of this tank ; he had right to plant trees on the embankment of the tank. Plaintiff's father planted trees, constructed a temple of Sri Ramjankiji on the Bhita (embankment) ; he also used to fish in the tank. The name of his father was mutated on this tank.;