Ahmad, J.

1. This is an appeal by the defendant against the judgment and decree passed by the Subordinate Judge, Sasaram. affirming the judgment and decree of the Munsif 1st Court, Sasaram.

2. Tile appeal originally came before Chatterji, J. sitting singly who was of the opinion that in view of the unreported decisions of this Court in -- Mt. Uchaho Kuer V/s. Ramsatona Chaubey, Second Appeal No. 1967 of 1948 (Pat) (A) and Second Appeal No. 2288 of 1948 (Fat) (B). The case should be heard by a Division Bench and, therefore, it has now come before us for disposal.

3. The suit giving rise to the present appeal was one for the removal of certain encroachment made by the defendant upon the plaintiffs land. The plaintiffs case as alleged in the plaint is that they purchased the share of one Mahabir Pasi in a house in Mahalla Kila, Sasaram, and on partition of the house between the different co-sharers, they got, the western portion of the house which has been recorded as plot No. 1296 in the Municipal survey map. To the immediate north of plot No, 1296 lies plot No. 1293 which, according to them, is in their exclusive possession. Sometime back, they had constructed a tiled verand