Gurusharan Sharma, J. - (1.) Plaintiffs are appellants. Subject matter of dispute is 18 decimals out of total 2.97 acres land of plot No. 988, appertaining to Khata No. 67, situated in village Mangrodih, District Giridih. It was recorded in the name of Kasmali Mian under Dar -raiyati Khata No. 141.
(2.) According to original plaintiff, Md. Mansur Ansari, in the year 1923 Kasmali Mian made Dara -dar -raiyati settlement of 4 -1/2 kathas equivalent to 18 decimals land out of 2.97 acres with Heman Mian, who came in possession and constructed a mud built house on its southern portion by the side of Giridih Tundi Road and fenced the entire 18 decimals by brick built compound wall and planted a jack tree therein.
(3.) Plaintiff's further case was that raiyat of Khata No. 67 surrendered entire land of plot No. 988 to the proprietor, Raja Wazir Narain Singh, who resumed possession thereof and settled the entire land by registered patta dated 12.2.1927 with Kasmali Mian, who came in possession as Mokarridar. Heman Mian had a son Wahid Ali, who pre -deceased him and in 1926, Heman Mian died leaving behind his widow daughter -in -law Mostt. Jiria, who became raiyat of the suit land including the house. She constructed a new house on the northern part of the suit land in the year 1936 and also a well and died in the year 1940. Mostt. Jiria's daughter, Khatoon was married with Jamaluddin, who was living as Gharjamai. Jamaluddin died In the year 1954. Bibi Khatoon died in 1965, leaving behind her son, Mansoon Ansari, the plaintiff. In the meantime, Akal Mian son of Kasmali Mian along with his son Lokman Mian executed a sale deed dated 29.1.1955 in favour of Maqbool Mian, father of defendants 1 to 4 with false assertion that Akal Mian had made raiyati settlement of the suit land with his son Lokman Mian. Defendants 1 and 2 occupied the house in question in plaintiffs absence sometime in the year, 1976.;