ORDER

1. The appeal by Special leave arises for the appellate decree No. 76 of 1974 dated March 18, 1982 of the Division Bench of the High Court at Patna. The appellants/plaintiffs laid the suit in the Court of the Subordinate Judges in Title Suit No. 23 of 1970 for a declaration that the appellant has a Raiyati right over plot No. 1972 & 1973 i.e., tank and tankail situated in village Bihulia in Khata No. 61 described in Schedule B of the Plaint and for confirmation of possession over the same. Though the trial court by decree dated February 21,1972 decreed the suit holding that the appellant has the Raiyati right over the plot described in Schedule B. property and for his possession on appeal the Addl. District Judge Dhanbad, By Judgment and decree held that the Scheduled B land stood vested in the State under Section 4 of the Bihar Land Reforms Act 30, 1950 (for short the Act) accordingly dismissed the suit and in the second appeal it was confirmed by the High Court.

2. It is contended for the appellant that in 1943 the appellant had a settlement from the erstwhile jamindar of the plot described in Schedule B land which was used for agricultural purposes and that, therefore, it is