ANJANI KUMAR MISHRA,J. - (1.) Heard learned counsel for the appellants.
(2.) This plaintiffs' second appeal arises out of a suit for declaration and injunction filed by the plaintiff regarding plot no. 111 area 1 bigha 19 biswa, which was recorded in the revenue records as pond and bhita. The suit was dismissed by both the Courts below.
(3.) The case of the plaintiff was that the plot in question was their ancestral property and they were in possession thereof. The pond in question had been dug up by their ancestors, who were Kashtkars with the permission of the Zamindar. The plot was wrongly recorded in the name of the Gaon Sabha and, therefore, the suit praying the plaintiffs be declared its owners including the trees existing thereon and further that the defendants be injuncted from interfering in their possession.;