Das, J.

1. This second appeal by the plaintiff is directed against the judgment and decree passed by the learned third Additional Subordinate Judge of Patna dated 12-8-1949 by which the learned Subordinate Judge reversed the judgment and a final decree for mesne profits passed by the learned Munsif of Bihar on 20-9-1948. The material facts are the following.

The appellant before me brought a suit for recovery of possession of 6.27 acres of land in village Kathauli, police station Bihar. The suit was numbered Title Suit No. 217 of 1940. The case of the appellant was that the land was the bakasht land of the landlords, who were defendants second party in the action, and it was settled with the present appellant by means of a registered document, dated 1-5-1940. It was alleged that the defendants first party (some of the respondents before me) dispossessed the appellant from the land. The appellant made two prayers- (a) a prayer for declaration of the appellants title to the land and recovery of possession; and

(b) in the alternative, a money decree against the defendants second party for Rs. 1,800/-, the amount for which the defendants second party had settled the land with t