B.D.Singh, J.

1. This second appeal by the plaintiffs is directed against the judgment and the decree of the lower appellate Court reversing the judgment and the decree of the trial Court in title suit No. 66/69 of 1960/62.

2. In order to appreciate the point involved in this appeal it will be necessary to state briefly the facts. The plaintiffs had instituted the suit for declaration of title and recovery of possession with inesne profits with respect to 15 kathas 1 dhur of land comprised in revisional survey plot No. 196 khata No. 80 corresponding to cadastral survey plot No. 123 (whole) and plot No. 124 (part) bearing khata Nos. 43 and 44. situate in village Pakbaha in the district of Saran.

3. The plaintiffs case in brief was that the land was bakasht land of the plaintiffs and their ancestors and it was so recorded in the cadastral survey. The ancestors of the plaintiffs gave the suit land in Jagir to Sheo Sharan Mahto, father of Jhagaroo Mahto alias Jhagru Prasad (defendant No. 61 and Ram Narayan Mahto (defendant No. 7) Ramrup Mahto, father of Sitaram Mahto (defendant No. 1). Lachhuman Mahto (defendant No. 2). and Ramlagan Mahto (defendant No. 3) in lieu of the servic