A person who has been in possession of a property for more than 12 years can acquire title to the property by adverse possession.

D. P. Sinha, J.

1. This appeal arises out of the judgment and decree passed in Title Suit No.31/4 of 1960/64 by the second Additional Subordinate Judge of Arrah on 23.1.1965, dismissing the suit in which the plaintiffs had prayed for declaration of their title and recovery of possession of the lands mentioned in Schedule II of the plaint and for mesne profits as also payment to them of a sum of Rs.1150/- which had been kept in deposit in a proceeding under section 145 of the Code of Criminal Procedure (hereinafter referred to as the code) between the parties in which, by an order dated 25.9 52, Sheo Prasad mahto, respondent no.1 had been declared to be in possession of the disputed lands.

2. The case of the plaintiffs who have come up in appeal, as laid in the plaint, is as follows. The lands in dispute which appertain to khata no.43 are situate in Mauza Bhatauli, within the jurisdiction of Nawanagar police station, in the district of Bhojpur. They belonged to Dukhit Mahto. Dukhit Mahto had three brothers, namely, Shalig Mahto, Jpdhan Mahto and sukhlal Mahto but he was separated from them. Dukhit died issueless in 1327 leaving him behind his widow named Mossomat Runia who came in possession of the lands in dispute. Shalig, Jodhan and Sukhlal predeceased mossomat Runia. After the death of Mossomat Runia, Ramsewak, son of shalig inherited the lands of Dukhit as his heir and came in possession thereof. Ramsewak died leaving him surviving only a daughter named Mossomat barti who came in possession of the lands. She was defendant no.2 in the suit and respondent no.2 in this appeal. She has since deceased.

3. Sometime in about 1920, the landlord of the lands, namely, Madho prasad Singh of Majhwari had planned to grab the disputed lands and to that and he began to interfere with the possession of the same and thereupon a proceeding under section 144 of the Ciminal Procedure Code (hereinafter referred to as the Code) between him and Suchit Mahto, a grand son of dukhits brother Sukhlal, was started and later on, it was converted into a proceeding under section 145 of the Code. In that proceeding the lauds were attached under section 146 of the Code on 20.7.1920 and the parties were referred to the Civil Court. Thereupon Mossomat Barti (the deceased respondent no.2) instituted Title Suit No.56 of 1937 against Madho Prasad singh and others which was decided on contest in favour of Mossomat Barti on 28.7.1938 and her title over the disputed lands was declared and, accordingly she came in possession of the suit lands.

4. For the sake of convenience Mossomat Barti settled the lands with lakshmi Singh, Bhoja Rai and Radhamohan Ahir for a period of four years by executing registered Pattas in their favour on 7.7.1950 (Ext.8) and on the same day the above named settlees executed a registered Kabuliat (Ext.9)in favour of Mossomat Barti and the Pattadars came in possession of the said lands.

5. Then there arose a dispute relating to the disputed land between sheo Prasad Mahto, respondent no.1 (defendant no.1) on the one side and mossomat Barti and Lakshmi Singh, the Pattadir, on the other and a proceeding under section 144 of the Code was started and it was decided in favour of Mossomat Barti and Lakshmi Singh.

6. After the expity of the term of the Patta, the disputed land came in possession of Mossomat Barti and on 26.12.1957, she sold the lands to the plaintiffs by executing sale deeds in their favour. The entire disputed lands are mentioned in Schedule I and the lands sold to the different plaintiffs are described in Schedule II to the plaint. After the execution of the sale deeds the plaintiffs came in possession of the lands sold to them but respondent no.1 began to interfere with their possession and a proceeding under section 144 of the Code between plaintiff Nos.1, 2, 5 to 9 and 11 to 15 on one side and respondent no.1 on the other was started and later on it was converted into a proceeding under section 145 of the Code. That pr