Anwar Ahmad, J.

1. This appeal by the defendants arises out of a suit for declaration of title and recovery of possession in respect of plots Nos. 2768 and 2767, measuring 0.47 and 0.05 acres, respectively, under Khata No. 92 of village Jarmunney, P.S. Bagodar, in the District of Hazaribagh, and for mesne profits from the date of dispossession till the date of recovery of possession.

2. The case of the plaintiffs-respondents was that Khata No. 92 belonged to Tulo Barhi and Doman Barhi who were recorded as such in the Record of Rights and after their death, their heirs came to have possession over the same. As the recorded tenants were short of bullocks, they gave the land to the respondents for temporary cultivation, who came to be recorded in the Record-of-Rights as under-raiyats; but shortly thereafter, these under-raiyats gave up possession in favour of the recorded tenants who came in direct cultivating possession of the same. The further case of the respondents was that the suit land was settled by Doman and Budhan, as Kartas of the joint family, with the fathers of the respondents on taking a salami of Rs. 15/- and at an annual rental of Rs. 1/10/-. This was followed