Mahapatra, J.

1. The case of the plaintiffs, who are the appellants, is that, the suit lands, 6 bighas 7 kathas in area, form part of Batwara plot No. 535 appertaining to Tauzi No. 13800. of village Sasan, which was comprised of several tauzis including Tauzi Nos. 1877, 1891 and 1878. Before the survey operations, the records of which were finally published in 1901, a Collectorate batwara took place of the aforesaid tauzis, as a result of which, Tauzi No. 13800 was carved out for the plaintiffs ancestors from the parent tauzi 1877. The suit land belongs to that tauzi. The plaintiffs ancestors took delivery of possession along with other plots, that were allotted to their share, in the batwara in the year 1898 and since then they have been in possession throughout. Proceedings under Sec.145 of the Code of Criminal Procedure were started between the defendants 1st and the defendant 2nd party, in which the defendants 1st party claimed the batwara plot No. 535 as their survey plot No. 3648/4626 and as forming part of their Tauzi No. 13488. Those proceedings ended in favour of the defendants 1st party on 4-9-1950.

The plaintiffs were not impleaded as parties to that proceeding,