H.L.Agrawal, J.

1. This second appeal is by the defendants first party. The plaintiff instituted a title suit for declaration of title and recovery of possession with respect to 1 Katha of land appertaining to plot Nos. 6. 6/2040 and 6/2041, under Khata No. 310, situate in village Dumri, Police Station Mohiuddin Nagar, in the old district of Darbhanga, fully described in Schedule 2 of the plaint

2. The plaintiffs case was that one Sohan Das was the recorded tenant of Khata No. 310 of village Dumri. He sold one Katha appertaining to plot Nos. 6, 6/2040 and 6/2041 by a registered deed of sale dated 9-10-1924 to one Ramsaran Das. Subsequently, the heir of Ram-saran Das, who is defendant second party, sold the suit land to the plaintiff by a registered sale deed dated 27-8-1960 (Ext. 2/d). It is alleged that defendants first party forcibly dispossessed the plaintiff from the suit land on the 15th Chait, 1378 Fasli. The present suit was therefore, instituted.

3. The plea of the defendants 1st party, who contested the suit, was that the land in question was recorded in the names of Tokan and Bunni and Sohan Das was a mortgagee. The mortgage was redeemed by the recorded tenants To