Ashwini Kumar Sinha, J.

1. This second appeal is by the plaintiffs against the judgment of affirmance in a suit for declaration that the correct area of land comprised in Survey Plot Nos. 397 to 404 under Tauzi No. 17175 situate in village Rampur Balra was 1 Bigha 12 Kathas and 10 dhurs and not 5 Bighas 5 Kathas and 1 dhur. The plaintiffs asked for the further relief for permanent injunction restraining the defendants from taking out the delivery of possession over the said plots.

2. Earlier a partition suit between the same parties was filed in 1941. This partition suit was numbered as 158/67 of 1941/42. The defendants of the present suit were the plaintiffs in that partition suit and the plaintiffs of the present suit were the defendants in that partition suit. The plaintiffs share in Tauzi in question was to the extent of 8 annas a preliminary decree for partition was passed in the suit and after Pattibandi a final decree was also passed. It is pertinent to note here that before the final decree was prepared the plaintiffs of the partition suit (who are the defendants of the present suit) gave the area of the plots in question as 5 Bighas 5 Kathas 1 dhur for the first ti