ORDER

1. Heard learned counsel for the parties.

2. The plaintiff(s)/appellant(s) filed a suit for declaration of title and confirmation of possession. Alternative prayer was made for restoration of the possession. Following is the genealogy tree of the plaintiff's family:-

3. The case of the plaintiffs was that he inherited the property of Rajpati Bind and in R.S. Khatiyan his name came to be recorded. Rajpati Bind was the uncle of the plaintiff. He died heirless except the plaintiff. After few years Tokhan Bind, father of the plaintiff, also died leaving behind the plaintiff. After death of Rajpati Bind and Tokhan Bind, the plaintiff came in possession over their shares of the land.

4. Jagdish Singh the ancestor of the defendant(s) was ex landlord of Tauzi No.1693 of village Khulase, Khata Nos.223 and 224. The lands of above said khatas were in possession of Rajpati and Tokhan during their lifetime and after their death the plaintiff came in possession. The rent of Khata Nos.223, 224 and 228 has been commutted in favour of the plaintiff by Government of Bihar and the plaintiff has paid the rent. Disputed R.S. Nos.1387 and 2462 area 1 Bigha 11 Khtha and 9 Dhur is including Bag also