Tarkeshwar Nath, J.

1. This appeal by the plaintiffs arises out of a suit for a declaration of title and confirmation of possession in respect of 1 bigha 6 dhurs of land appertaining to Survey plot No. 39 as recorded in 1905 or Survey plots Nos. 27, 28 and 29 according to the measurement of 1951. These lands were in the Diara of village Parsotimpur, Tauzi No. 11924.

2. The plaintiffs case was that one Lotan Rai was their ancestor and that of the defendant 5th party. The Government was the proprietor of these lands, and they were being managed by the Khas-Mahal. The lands were being measured from time to time and settlements also used to be made. Lotan Rai took settlement of the lands 1 bigha, 2 kathas and 16 dhurs bearing Survey plot No. 39, and his name was recorded in the measurement papers of 1905. There was a partition between the plaintiffs and the defendant 5th party, and the lands in suit were allotted to the share of the plaintiffs.

The plaintiffs ancestors sold 10 kathas out of the said lands to Racheya Rai, defendant 4th party, by a registered sale deed dated the 28th June, 1919. Later on Racheya Rai reconveyed 7 kathas 10 dhurs of land out of the said 10 kathas t