Judgment

DESAI, J.:- Mst. Bibi Rahmani Khatoon and others filed Title Suit No. 3/70 in the Court of the Additional Subordinate Judge. 1, Gaya, for declaration of their title and for recovery of possession of agricultural lands admeasuring 4 acres 29 gunthas comprised in two holdings bearing khata Nos. 458 (nakdi) and 459 (Bhouli), in Touzi No. 7535 situated in village Parsain. The defendants in the suit were the present respondents and three other defendants Nos. 5, 6 and. 7. One Brahmadeo was defendant 7 claiming an interest in khata No. 458 on the basis of a sale deed executed on March 31, 1959, by one Deonandan Singh who was defendant 5 in the trial court. It must be made distinctly clear that Brahmadeo, claimed interest only in khata No. 458 while the present respondents claimed interest in khata No. 459 only. The trial court decreed the suit declaring that the plaintiffs were the owners of both the khatas and were entitled to recover possession of the same.

2. Title Appeal No. 7/74 was preferred in the Court of the Distt, Judge, Gaya, and it was heard by the learned Fourth Addl. District Judge as per his judgment and decree dated July 12, 1974. The learned Addl. District Judge d