C.P.Sinha, J.

1. The plaintiffs have filed this- appeal. They had brought the suit for recovery of possession and in the alternative for assessment of fair and equitable rent. The suit land is situated in village Gobindpur which is a Laheriasarai, and is comprised in survey plot No. 961, khata No. 247, having an area of 1 bigha 2 kathas 4 dhurs. Formerly, plaintiffs 1 to 6 who had an eight annas share, had instituted this suit, and the Maharajadhiraja of Darbhanga had been impleaded as defendant second party. Later on, the said Maharajadhiraja of Darbhanga was added as a plaintiff. The plaintiffs case was that the aforesaid plot was parti up to the time of the last earthquake in 1934, but, after the earthquake, with the permission of the plaintiffs, the Government had built temporary sheds over a portion of the plot. When things became normal, the Government sold the materials of the temporary sheds on the suit land in their existing condition and they were purchased by the defendant first party. The plaintiffs asked defendant 1 to vacate the land and remove the materials, but, instead of doing so, he started making alterations in the structures and did not vacate. There wa