Judgment

HIDAYATULLAH, J. : This appeal with a certificate granted by the High Court of Patna has been filed against its judgment and decree dated 6-3-1952. By that judgment, the High Court reversed the decree of the Subordinate Judge of Motihari dated 29-3-1946.

2. The suit was filed by the present appellants for a declaration of their title to 136 odd bighas of Ryoti-kasht lands and for possession thereof either exclusively or jointly with the defendants. A claim for mesne profits and interest was also made. The suit was decreed by the Subordinate Judge, Motihari on the ground that the defendants were in possession of the suit lands as benamidars. The trial Judge found that the consideration for the acquisition of these lands had proceeded from the predecessor of the plaintiffs, who had acquired them in the farzi names of Prahlad Rai, Gulraj Rai and Nawrang Rai. He also held that the benamidars were related to Radhumal by marriage, and that Radhumal found it convenient to use their names. These findings were accepted by the present respondents in the High Court. They, however, raised before the High Court certain contentions found against them by the trial Judge. In the plaint, the