JUDGMENT

R. B. MISRA, J.:— The dispute between the parties in the present appeal by certificate centers round a piece of land measuring 3 Kathas and 8 Dhurs. The dispute between the parties has a chequered history as the circumstances detailed below will indicate. This land forms, part of plot No. 1448 appertaining to Khata No. 516. It was recorded in the record of rights Puratan Patit Anabad (old uncultivated, Parti land) under the Dhalbhum Raj. Suresh Chandra Bhattasali (since dead) filed a suit for a declaration that the disputed land belonged to him and that the defendant-appellant had no right, title or interest therein. He also claimed a relief of possession after demolition of walls and other structures raised thereon by the defendant-appellant. The case set up by the plaintiff in the plaint is that before 1946 he approached the landlord Dhalbhum Raj for the settlement of the disputed land and after various enquiries, the land was ultimately settled with him on Aug. 23,1949. He was, however, permitted by Dhalbhum Raj to take possession even before the date of actual settlement. To the North-West of the disputed land, there is a piece of land forming part of the same plot whi