AFTAB ALAM, J.

This writ petition arises from a proceeding under the provisions of the Bihar and Orissa Municipal Survey Act. The dispute relates to Plot No. 409(new) situate in ward no.9 of the Saharsa Municipality. The disputed plot 409(new), along with plot nos. 281 (new) and 288(new) was carved out during the last survey operations from old plot nos. 1773 and 1774 and it is an admitted position that the disputed plot no.409 was formed by a portion of old plot no. 1773. It is further an admitted position that old plot no. 1773 Of Khata no. 846(old) having an area of 9 kathas 12 dhurs was recorded in the cadestral survey record of rights in the name of one Hansi Charhar under Tauzi No. 3687 of the ex-landlord Bibi Shakina wife of Abdul Gaffar.

2. According to the petitioners the successor of the record tenant surrendered the plot in question to the landlord who came in its cultivating possession as her khas land. Later on, the ex-landlord settled a large piece of land measuring to an area of' 4 bighas, 11 kathas 3 dhurs in favour of one Sikander Hussain by a Parwana issued in the year 1345 Fasli. The piece of land being the subject matter of settlement comprised of a number of