1. Defendant No. 2 is the appellant in this appeal. It appears that some dispute arose between the appellant and respondents 1 to 3 in respect of several plots of land measuring about 40 bighas situated in village Bhawanipur in the then district of Champaran. At the time of the harvesting of the crops there was an apprehension of breach of peace and due to intervention of common friends and well wishers the crops were harvested and kept in custody of Lakshman Singh, the then Mukhiya of the Gram Panchayat, and later they were sold for Rs. 1,536. After some time the aforesaid Lakshman Singh filed an interpleader suit impleading the appellant and respondents 1 to 3. During the pendency of the interpleader suit respondents 1 to 3 were transposed to the category of plaintiff and Lakshman Singh was transposed to the category of defendant. Thereafter, the suit proceeded for trial in which Lakshman Singh was defendant No. 1 and the appellant defendant No. 2.

2. The trial court, on consideration of the materials, came to the conclusion that respondents 1 to 3 were in possession of the lands in dispute since long; as such they were entitled for the money which had been kept in custod