JUDGMENT  

KHANNA, J.— The plaintiff-appellants filed a suit in the Court of Sub-ordinate Judge Arrah against 41 defendants for a declaration of the title to land measuring 142 baghas, 17 kathas described in the schedule to the plaint situated in village Shivpur Diar in District Shahbad. Prayer was also made for delivery of possession of the land and for the profits amounting to Rs. 4,100. The trial Court dismissed the suit in respect of land measuring 28.36 acres out of plot No. 3863/41. Suit in respect of the remaining land was decreed. The plaintiffs were also held entitled to recover mesne profits from defendants who might be found in possession of the land decreed. On appeal by defendants 3, 7, 12 and 14 the Patna High Court accepted the appeal and dismissed the suit in its entirety. The plaintiffs have come up in appeal to this Court against the judgment and decree of the High Court on certificate granted under Article 133 (1) (a) of the Constitution.

2. Village Shivpur Diar consists of five Mahals, Shivpur Diar Nambari, Shivpur Diar Gangbarar Shumah, Shivpur Diar Gangbarar Janubi, Shivpur Diar Sarju Barar and Shivpur Diar Naubarar. Each of the two Mahals Shivpur Diar Gangbarar