JUDGMENT

GUPTA, J.:—This appeal by special leave is by a defendant in a suit for declaration of title and recovery of possession. The property in dispute consists of two survey plots, 2677/5782 measuring 0.18 acres and 2677/5783 measuring 0.10 acres. the total area being 0.28 acres, in Tetanga Basti, Mouza Sakchi, Police Station Golmuri in Pargana Dhalbhum, District Singhbhum. The suit (was) dismissed by the trial Court, decreed by the first appellate court, and the Patna High Court on second appeal affirmed the decision of the lower appellate court decreeing the suit. The relevant facts are as follows. The fourth respondent Tata Iron and Steel Company Limited (hereinafter referred to as TISCO) were the proprietors of the disputed plots of land which formed part of the area acquired under the Land Acquisition Act by the local government for TISCO. In 1924 these two plots of land along with other lands were leased out by TISCO to the plaintiff, the Indian Cable Company Limited (hereinafter referred to as the Plaintiff Company). TISCO also settled another area measuring about 5 bighas 17 kathas with one Rajdeo, predecessor-in-interest of the present appellant. There is some dispute a