Choudhary, J.

1. This appeal is by the plaintiffs. They instituted a suit for declaration of their title to and recovery of possession over 13.27 acres of land out of plot No. 583 of khata No. 243 in village Burhee Pali Tajpur, Taraff Ramcharan, Tolo Mahrauchak, Kita Kohwarba. The said land admittedly was the bakasht land of one Ramdhan Singh who died before survey leaving behind two widows, (1) Musammat Manrup Kuer and (2) Musammat Pari Kuer. The case of the plaintiffs is that in Aswin, 1317 Fasli, corresponding to October, 1909, their ancestors took settlement of the said land orally from those two widows on an annual rental of Rs. 85/- and that they and their ancestors were all along in possession thereof as occupancy raiyats.

Subsequently, on the 18th of September, 1928 on partition between the members of their family the said land was divided amongst the co-sharers in live equal shares under a registered deed which was attested by defendants 1, 13 and 34 who had also acted as Panches in the partition. It appears that Musammat Manrup Kuer died in the year 1923 and on her death Musammat Pari Kuer came in exclusive possession of the entire inheritance of the said Ramdhan