G.N.Prasad, J.

1. This is an appeal by defendants Nos. 1 to 3, 5, 7, 8 and 16, and it arises out of a suit instituted by the plaintiff (respondent No. 1) for declaration of his title and confirmation or, in the alternative, recovery of possession over 13,42 acres of land Appertaining to Khatas 67 and 68 in village Khurmabad (Old Tauzi No. 6361 corresponding to new Tauzi No. 12173), and for a further declaration that an award of the arbitrators dated the 3rd September 1947 is void, inoperative, fraudulent and not binding upon the plaintiff.

2. It is common ground that in the survey record of rights (Exts G/1 and G-1/1), the suit lands stood recorded in the names of Jageshwar Mahto and Damri Mahto, sons of Jhakri Mahto. Defendants 1 to 8 are the sons of Jageshwar Mahto and defendant No. 16 is the sou of Damri Mahto. Defendants 4 to 10 are other members of the same family. There were several properties of the Tauzi. One of them was Chaudhary Keshari Sahai Singh who had -/6/5 pies proprietary interests. In 1918, Choudhary Keshari Sahai Singh instituted a batch of rent suits against several tenants. Rent Suit No. 464 of 1918 in respect of khata No. 67, and Rent Suit No. 474 of 1