Syed Md.Mahfooz Alam, J.

1. This second appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 31.8.1989 passed by Sri S.S. Prasad, 10th Additional District Judge, Rohtas at Sasaram in Title Appeal No. 3/3 of 1985/1987 affirming the judgment and decree dated 15.12.1984 passed by Sri N.N. Singh, 4th Additional Subordinate Judge, Sasaram in Title Suit No. 121/45 of 1980/83 whereby the suit of the plaintiff- appellant and the appeal preferred by him were dismissed.

2. The brief facts of this case are as follows :

The plaintiff-appellant filed Title Suit No. 121 of 1980 before the Subordinate Judge, Sasaram claiming right, title and interest in the suit land described in Schedules A and B of the plaint by virtue of the settlement through unregistered patta (Ext. 3 series) by ex-landlord in favour of Tripathi Jagdish Narain Sharma, father of the appellant. Further case is that Schedules A and B lands were recorded as Gairmazarua lands in the cadestral survey but after survey operation the ex-landlord brought those lands in their khas possession and came in cultivating possession of the lands. One Maheshwari Prasad Singh was the landlord of the