Ramratna Singh, J.

1. This appeal by some of the defendants is directed against the judgment and decree of an Additional Subordinate Judge of Patna affirming the judgment and the decree of a Munsif of Patna.

2. The suit out of which the appeal arises was instituted by the respondents first party for declaraticn of their title to a piece of parti land bearing municipal survey plot No. 1496 and holding No. 127/123 in circle No. 108 of ward No 21 of Patna Municipal Corporation, the area of the plot being roughly 1. Katha. There is an Imambara on a portion of this plot; and on the eastern and the wetsern boundaries of the plot are the admitted lands of the plaintiff-respondents. The owners of this holding as recorded in the municipal assessment register of 1901-1902 were Rai Kishun Prasad, Rai Kashi Prasad and Rai Ram Chandra Prasad. The holding was described as an Imambara; and it was exempt from any municipal tax. The recorded owners were sons of Baijnath Prasad who had another son, named Jai Mangal Prasad, who died issueless. Both Baij Nath and Jar Mangal died before 1901. Subsequently, the other recorded owners also died; and the plaintiffs and defendant No. 10 (Madan Mohan