Imam, J.

1. The plaintiffs are the appellants and they have appealed against a decision of the Subordinate Judge of Gaya, who reversed the decision of the fourth additional Munsif of Aurangabad. The appellants had filed a suit for the ejectment of the defendants from plot No. 121 in tauzi No. 4932 with an area of .04 acres. It was the case of the plaintiffs that this land was gairmazrua malik and that on a private partition amongst the landlords, plot NO. 121 had fallen to the plaintiffs takhta. Their further case, as argued before the trial Court, though not in their plaint, was that the defendants were inducted on to the land to render service and that when they ceased to render service, they were liable to be ejected from the plot in question. The plaintiffs and the pro forma defendants were co-sharer landlords to the extent of two annas eight pies in tauzi NO. 4932. The pro forma defendants supported the case of the plaintiffs. By the expression the defendants in this Judgment, I do not include the pro forma defendants.

2. The facts found by the lower appellate Court are that the defendants are settled raiyats of village Nirmal Bigha, which is contiguous to village Tend