VISHWANATH MISHRA, J.

1. This appeal arises out of a suit for declaration of the plaintiffs title as raiyat and for injunction against the State of Bihar restraining them from interfering with her (Plaintiffs) possession, which has been dismissed by Shri H.N. Sahay, 3rd Additional. Subordinate Judge, Dhanbad.

2. One Chandra Kanta Ghosal had three sons, namely, Kali Pada Ghosal, Bhawataran Ghosal and Shyama Pada Ghosal. The wife of Chandra Kanta Ghosal was Thakomoni Debi. Kali Pada was married to Sardamoni Debi, who is the plaintiff here, Chandra Kanta Ghosal was perhaps, a leper, but he was a man of means. People were reluctant to give their daughters in marriage in his family and so, Chandra Kanta Ghosal by way of inducement promised to give or settle some land with the would-be wife of Kali Pada. With this understanding, Sardamoni Debi was married to Kali Pada. Chandra Kanta Ghosal had a joint Khewat with Ananta Lal Dey in which the share of Chandra Kanta was 12 annas and that of Ananta Lal 4 annas. In the year 1928 B.S. corresponding to 1921, Chandra Kanta as 12 annas tenure-holder, settled with the plaintiff the two plots bearing plots Nos. 5242 and 5243 appertaining to