A.B.N.Sinha, J.

1. This appeal by the plaintiff and defendant No. 4 arises out of a suit for declaration of the plaintiffs raiyati rights over 5.31 acres of lands comprised of eight plots appertaining to khata No. 10 of village Babhani, fully described in the schedule to the plaint and for confirmation of possession or for recovery of possession thereof. The suit was decreed by the trial Court but was dismissed by the lower appellate Court.

2. According to the plaintiffs case, Tikait Birendra Narayan Singh, the proprietor of village Babhani, settled under a registered patta, dated the 27th February 1947 about 31.13 acres of land accertaining to khata No. 10 and other khatas of village Babhani in permanent raiyati rights with his daughter Shrimati Churamani Kumari, defendant No. 4, who came into possession of the lands so settled with her. On the 18th February 1957. under a registered sale-deed the aforesaid Shrimati Churamani Kumari sold the suit lands as well as other lands to the plaintiff. When the plaintiff applied for mutation of his name, defendant No. 1 filed objections in regard to the suit lands. The plaintiffs application for mutation was dismissed by the Anchal A