Ramaswami, J.

1. These appeals are brought by Ramzan Momin and others from the judgment of the Additional Subordinate Judge of Darbhanga declaring that the land in dispute has been used as a burial ground for Moslems from time immemorial but the Moslems have no right to cut the trees or bamboo clumps or to graze their cattle thereon.

2. The dispute relates to plots 10548 and 10576 of khata Nos. 688 and 1088 in village Narauch Behari, touzi No. 6424. In the year 1940, communal trouble arose and in consequence proceedings under Sec.144 and Sec.145, Cr. P. C. were initiated. The Magistrate held as a result of his enquiry that there were graves over the entire plot 10576 and over 9 kathas and 19 dhurs of plot 10548. As regards 1 1/2 kathas of plot 10548, the Magistrate found that Dasrath Raut was in possession. In title suit No. 160 of 1943 Dasrath Raut and others (hereinafter described as plaintiffs) therefore claimed plot 10548 as having been acquired by purchase from the recorded tenants. As regards plot 10576, plaintiffs alleged that they were in possession as next reversioner of Halkhori, the recorded tenant, Ramzan Momin and others (hereinafter described as defendants) cl