1. In the suit which is the subject-matter of this appeal the plaintiff asked for a declaration of title with regard to plot 730, khata No. 90 of village Bahuara, and also for partition of the plaintiffs share in this plot. The plaintiff alleged that she had two annas eight pies share in the touzi which was in joint possession of the 16 annas landlords. Plot 730 was recorded as Ghair Mazrua Malik. It was alleged on behalf of the plaintiff that there was a canal irrigation dispute between herself and defendant No. 1.

Defendant No. 1, Mahabir Prasad, claimed before the Executive Engineer that he had taken raiyati settlement of the plot from all the co-sharers including the plaintiff and prayed that his name should be entered in respect of this plot in the Canal Department. The plaintiff stated before the Executive Engineer that she had made no settlement of her share in the plot with Mahabir Prasad. The Executive-Engineer rejected the claim of the plaintiff and his order was affirmed by the Commissioner of the Division. Thereafter the plaintiff instituted the present suit. Defendants 1 and 2 controverted the allegation of the plaintiff.

They alleged that they had taken settle