(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.
(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.