Tarkeshwarnath, J.

1. This appeal by defendant No. 1 (the son of original defendant No. 1) arises out of a suit for declaration of title and recovery of possession in respect of 2.28 acres of land appertaining to revisional survey plots Nos. 3307 and 3527 of the revisional survey khata No. 903 of village Sukhasan and also for recovery of Rs. 248/10/- as compensation received by him (defendant) from the Land Acquisition Department in respect of 0.38 acres of land.

2. The case of the plaintiff was that he took settlement of 3 bighas 17 kathas and 19 dhoors of land bearing cadastral survey plot No. 582 along with other lands by means of a registered kabuliat dated 3-3-37 from the landlords. He further took rai-yati settlement of 12 bighas and odd kathas of land from the same landlords in the same village by means of another registered kabuliat dated 12th March, 1937 and came in possession of all the lands amalgamating them into one, holding on an amalgamated rental. Later on 0.38 acre of land out of cadastral survey plot No. 582 was acquired by the State of Bihar and compensation for the crops raised on that land was awarded to him. The remaining portion of that plot continued