Nagendra Rai, J.

1. The defendants-petitioners have filed the present application challenging the order dated 16.5.89 passed by the Munsif, Hilsa in Title Suit no. 24/1983 rejecting their objection to the maintainability of the suit.

2. The plaintiffs-opposite parties filed the aforesaid suit for declaration of their title, confirmation of possession to the suit land and for declaration that the claim of the defendants as Bataidar is false and untenable and in the alternative in case plaintiffs are not found in possession over the suit land then the delivery of possession may be given to them.

3. The facts necessary for disposal of the present case lie in a narrow compass. The dispute relates to a portion of plot no. 205 measuring 2 acres 42 Dhurs under Khata no. 2 of village Kosiaban, P.S. Ekangarsarai, District Nalanda. The plaintiffs case is that C.S. Plot no. 230 measuring 6 Acres and 42 Decimals belonged to Raghubansh Mani Singh and Yaduban Mani Pd. Singh both sons of Loknath Singh of village Kosiaban, who sold the same to Abu Singh in 1947 by a registered sale deed and said Abu Singh in 1947 by three registered sale deeds of the year 1961 sold the same to plaintiff op