S.K.Katriar, J.

1. The defendant is the appellant against the judgment of affirmance. This appeal is directed against the judgment and decree dated 4.6.1987, passed by the learned 1st Additional District Judge, Vaishali at Hajipur, in Title Appeal No. 36 of 1984/2 of 1986 Ram Lagan Rai alias Lakhan Rai V/s. Deokinandan Rai and Ors., whereby he has affirmed the judgment and decree dated 5.6.1984, passed by the learned 2nd Additional Sub-Judge, Vaishali at Hajipur, in Title Suit No. 35 of 1976/7 of 1984 Deoki Nandan Rai V/s. Ram Lagan Rai and Anr.. The learned trial Court had decreed the suit for declaration of title and recovery of possession with respect to plot No. 47. We shall go by the description of the parties occurring in the plaint.

2. The case of the plaintiff (respondent) as per the plaint is that one Birjoo Mahto son of Akloo Mahto, owned and possessed one block of one and half bighas of land in village Harbanshpur. He transferred ten kathas of land from the northern extremity of the aforesaid block of land, being plot No. 46, to a defendant No. 1 (appellant), by a registered sale deed dated 8.4.1953. He subsequently transferred ten kathas of land from the souther