S.C.Prasad, J.

1. This is an appeal by the plaintiffs against the judgment of the Subordinate Judge of Dhanbad reversing a decision of the 2nd Additional Munsif of the same place in a suit which had been filed by the plaintiffs for recovery of Khas possession after ejecting the defendant from the disputed lands which originally belonged to Amrit Mahto and Samrit Mahto, who had held their lands as Jalsasan right in village Saridhola.

Samrit Mahto had mortgaged them to one Sheogobind Bhakat in 1899 and a decree had been passed on the basis of the mortgage before the passing of the Chotanagpur Tenancy Act, 1909. In execution of that decree in 1910 the lands in dispute were sold to and purchased by one Parmesh-war Bhakat, the then Manager & Karta of the joint family of the plaintiffs. Thereafter delivery ot possession was also taken.

The defendant, it was said, started trouble along with the son of Amrit and Ahlad Mahto and a title suit was filed in respect of half share obtained by the mortgage decree for declaration of title and partition. The suit was contested but was decreed in favour of the plaintiffs. The decree became final after the High Court confirmed it.

In pursuanc