Rai, J.

1. This appeal by defendants 1 and 2 is directed against the judgment and decree of the 1st Additional Subordinate Judge, Muzaffarpur, reversing those of the 4th Additional Munsif of the same place.

2. The plaintiff instituted the present suit originally against defendants 1 and 2, -namely, Dasain Nonia and his son Chaturbhuj Nonia for declaration of his title to the lands in suit and for confirmation of possession of the same. The case of the plaintiff was that the land in suit appertained to the patti of Khan Saheb Mir Mehdi Hussain, Mutawalli of Waqf Estate, and the plaintiff took permanent settlement of the same at an annual rental of Rs. 5-10-0 under a registered kabuliat dated the 8th December, 1937. According to him, the landlord granted him a rent receipt as proof of the above settlement. After the settlement the plaintiff was put in possession of the same by the Malik by fixing four boundary stone pillars.

After coming in possession of the area settled, the plaintiff filled up a portion of it and constructed a tatti house on it and reared fish in the remaining area settled with him. He sublet the tatti house to one Saudagar Nonia. In the year 1944 defendant