1. This appeal arises from a judgment and decree, dated 24-8-1974 passed in Title Suit No. 178/124 of 1968/ 1974 by the 3rd Additional Subordinate Judge, Bhagalpur.

2. By the aforesaid judgment and decree the trial Court has held that the plaintiffs do not have occupancy right with respect to the suit land.

3. The suit was filed for declaration that I the plaintiffs are the raiyats of the suit lands J and have got occupancy right thereon and the defendant, i.e. State of Bihar has no right to make settlement of the suit land and, if ! any, such settlement is made, it will be in violation of the provisions of law.

4. The lands in question appertain to khesraNos. 12, 13, 14 and 15of khata No. 4 situated in Mauza Asanandpur, Thana No. I I I and measure 6, 7 acres and land of khesra No. 12, khata No. 5 situated in Mauza Dharrnpur Mills measuring 3 acres. The lands have been described in the records of right as Ghair Mazrua Mokaridar, the Collector of Bhagalpur under the Thakurs of Barari who were the proprietors.

5. The plaintiffs case is that they were in possession over the lands for more than fifty years on the basis of successive settlements made with them from time to time