Shambhu Prasad Singh, J.

1. First Appeal No. 518 of 1964 is against original decree and the other appeal is against the amendment in the decree. The result of the litigation will, however, depend upon the result of First Appeal No. 518 of 1964.

2. These appeals are by defendants 1 and 2. The suit was for recovery of possession over 7.71 acres of land in Mauza Salempur Saini appertaining to Khata Nos. 43, 33, and 67. Mauza Salempur lies under Police Station Colgong in the District of Bhagalpur.

The original plaintiff was one Tuna Mian. Initially lie filed the suit for recovery of possession over the said land in the court of Munsif 1st Court, Bhagalpur, where it was registered as Title suit No. 57 of 1958. The plaint was however, returned on the point of valuation and it was then filed in the Court of the Subordinate Judge, Bhagalpur, who by his judgment and decree dated the 19th of September, 1964 and the amendment to the decree dated 3rd August, 1965, decreed the suit. Hence the present appeals have been filed here.

3. According to the plaintiff, the aforesaid Tuna Mian possessed the lands in question as a Raiyat and used to cultivate it himself. At the request of defendan