Sarjoo Prosad, J.

1. This appeal has been preferred by the defendants first party and is directed against the decision of Mr. Brindaban Bihary Lal, Subordinate Judge of Purnea. It relates to a suit for declaration of title and recovery of possession in respect of certain lands as forming part of the plaintiffs villages and not those of the defendants first party, after relaying the revenue survey line & demarcating the boundary by fixing pillars between the villages of the parties.

2. The area in dispute is an area of 40 bighas 19 kathas 14 dhurs out of a total area of 153 bighas 18 kathas 18 dhurs of village Naulakhi, 59 bighas 6 dhurs of Naulakhi Milik and 63 bighas 18 kathas and 18 dhurs of vil lage Gangapur as set out in Schedule I of the plaint. Plaintiff is admittedly the proprietor of tauzi no. 1/1309 of the Purnea Collectorate, common ly known as Pargana Dharampur, to which the plaintiffs villages in question appertain. The defendants first party re the shebaits of a debottar estate, (sic) known as the Paikpara estate, and (sic) which is contiguous to and lies on the order of plaintiffs villages, belongs to this (sic) estate.

3. In 1916 the, plaintiff filed a Title