Kanhaiya Singh, J.

1. This is an appeal by defendant No. 1 from the decree of the Additional Subordinate Judge, Patna, dated 27th May, 1955, decreeing the plaintiff-respondents suit for possession of the disputed property. The facts of the case are a bit involved and can be summarised as follows:

2. The present appeal arises out of Title Suit No. 49 of 1951. This suit and Title suit No. 57 of 1949 were brought by the plaintiffs for identical reliefs. Except for the principal defendants the parties are the same. Both the suits were heard together by the Subordinate Judge and were eventually decreed. There is no appeal from the decree passed in Title Suit No. 57 of 1949, and the matter ends there. No reference will be made to the lands involved therein.

3. The subject matter of litigation in the present action (Title suit No. 49 of 1951) was two strips of land forming part of plot No. 309 situate in village Pakhtiarpur. The first strip measures 11 kathas 16 dhurs and 16 dhurkis constituting the northern half of the eastern half and the second strip measuring 91/2 decimals, equivalent to 3 kathas 1 dhur, forms the south-eastern portion of the eastern half, of the aforesaid plo