B.N.Jha, J.

1. There is dispute in this case that the land bearing plot No. 102 of khata No. 3 of village Badgawan having an area of 2.78 acres appertained to the estate of the defendants commonly known as Palganj estate which vested in the State of Bihar on July 13, 1953. The plaintiffs-respondents claimed the aforesaid land by virtue of settlement by Rang Bahadur Prasad Singh, grand-father of defendant No, 1 under a hukumnama dated November 26, 1931 in the name of plaintiff No. 2 at an annual rental of Rs. 4 besides cess. Village Badgawan where the suit land lies was in thika at that time which was to end on 30th Falgun 1359 Fs. Hence the plaintiffs were to take possession of the land in question after the expiry of the thika i. e., from 1st Chait. 1359 Fs. The land was being cultivated by the thikadar through bataidars. The plaintiffs took possession of the land and began to get it cultivated through bataidars. They continued in possession for some time but subsequently, there was a proceeding under Sec.144 of the Code of Criminal Procedure in respect of the suit land and, thereafter, defendant No. 2 took forcible possession of the suit land on 30th Magh, Fs. correspondi