S.K.Katriar, J.

1. Heard learned Counsel for the parties. Defendant No. 2 is the appellant against the judgment of affirmance. This appeal is directed against the judgment and decree dated 11-4-1994, passed by the learned 3rd Additional District and Sessions Judge, Gopalganj, in Title Appeal No. 24 of 1987/20 of 1988 (Sheo Chand Chaudhry V/s. Adalat Hussain and Ors.), whereby he has affirmed the judgment and decree dated 9-4-1987, passed by the learned Munsif, Gopalganj, in Title Suit No. 183 of 1977 (Adalat Hussain and Ors. V/s. Bihar Sarkar and Ors.). The trial Court had decreed the suit which has been affirmed by the learned Court of appeal below. Hence this appeal on behalf of the contesting defendant. We shall go by the descriptions of the parties occurring in the plaint.

2. The case of the plaintiffs (respondents herein) as per the plaint is that Plot No. 93, Khata No. 48, measuring an area of 12 Bighas 19 Kathas and 7 dhurs was Gairmazarua Malik land of Hathwa Raj, the ex-landlord. Out of the total area of this plot, 1 Bigha 2 dhurs is the suit land. Village Dharam Chak was visited by virulent plague in 1932 and many villagers deserted their original homes in the vil