Das, J.

1. This is a second appeal by the defendants first party from the decision of the learned Subordinate Judge of Purnea dated nth July 1948, modifying the decision of the Additional Munsif of Purnea dated 28th June 1916, in a suit for a declaration of title and recovery of possession in respect of some lands comprised in plot No. 1248. The short facts are the following: Two plots, namely, plot No. 1238 with an area of .91 acres and plot No. 1248 with an area of 4.57 acres appertained to khata No. 207 of village Dharahra, Against the khata or holding in question the name of one Lalit Dhangar was recorded as gair dakhalkar for two years. The tenure-holder under whom the laud was held was one Gulab Missir. It was the admitted cage of the parties that Lalit abandoned the holding, and the tenure-holder Gulab Misair came in possession on the death of Gulab Misair his son, Ramji Missir, came in possession. This Ramji Misair settled portions of plot No. 1248 with different persons. Some portion was settled with one Lalit Dhangar; another portion, the exact area of which is in dispute, was settled with one Prem Singh. The plaintiffs-respondents alleged that an area of 1 bigba