P.S. Mishra, J.

This case has got a chequered career of being referred to a Division Bench by an order dated 12.12.1980 and returned for healing by the Bench of a single Judge, as the Division Bench, hearing the appeal found that the matter is not such al to be decided by a Division Bench. It has, accordingly, fallen to my lot for deciding the controversy and the questions involved.

2. The plaintiff is the appellant. The trial Court decreed the suit. The court of appeal below haying found, however, that the plaintiff has got no title to the lands described in Schedule ‘A’ of the plaint bas reversed the trial court's decree and dismissed the suit.

3. The plaintiff's suit for declaration of title and confirmation of possession or in the alternative for recovery of possession in respect of the suit lands described in schedule ‘A’ of the carries the following allegations of fact-

The plaintiff was Naik Ghatwal of Budhraisa Ghat and, accordingly be held Ghatwali tenure recorded in his name in the cadastral survey Khewat no. 4 of Mauza Budhraisai. The suit lands formed a part f Abad Malik land and according to the plaintiff, were in his Khas cultivating possession. In short the suit lands comprised the plaintiff’s Ghatwali tenure. The plaintiff, however, was appointed as Excise Inspector in the year 1944 which caused relinquishing of Ghatwal service by him. One Jotia Munda, a cousin of the plaintiff was appointed Naik Ghatwal in his place, Although Jotia Munda assumed the Ghatwali rights, but he did not take possession upon the suit lands and he agreed to allow the plaintiff to his possession upon the suit lands. Jotia Munda died in the year 1947. Karan Singh Munda alias, Bhagirath Manki, another cousin of the plaintiff, was appointed Naik Ghatwal in or about the year 1947. He also never took possession of the suit land and the plaintiff continued in possession. The plaintiff, thus, continued in possession of the suit land notwithstanding the appointment of Jotia Munda as Maik Ghatwal in the year 1944, end after his death appointment of Karan Singh Munda alias Bhagirath Manki as the Naik Ghatwal in or about the year 1947.

Ghatwali tenure vested in the State of Bihar in July, 1956. On the date of vesting the plaintiff was in possession of the suit land. Karan Singh Munda died in the year 1956 leaving behind his widow and a son. According to the plantiff, although the suit lands were in his possession, during the revisional survey, they were recorded in the names of Khagendra Munda and Uday Shanker Munda, both sons of Karan Singh Munda. The record of right so prepared was published in the year 1964. Khagendra Munda and Udai Shanker Munda and other defendants, on the basis of the said record of right, threatened to dispossess the plaintiff. The plaintiff accordingly, filed Title suit no. 38/35 of 1969/73 in the court of the Subordinate Judge, Jamshedpur, seeking declaration of title and confirmation of possession. During the pendency of the suit, a proceeding under section 145 of the Code of Criminal Procedure was started, vide Miscellaneous Case no. 526 of 1972, which was decided against the plaintiff on 28.7.1973. The plaintiff, thus, also sought the alternative relief of recovery of possession. The defendants, although filed two sets of written statement, one by defendant no. 1, namely, the widow of Karan Singh Munda and another by Uday Shanker Munda and Kapildeo Singh Monda, the two sons of Karan Singh Munds, alleged dial the plaintiff has got no right, title or interest; they denied that there had been any consent or agreement under which Jotia Munda allowed the plaintiff to continue in possession; they asserted that the plaintiff relinquished not only the office of Naik Ghatwal but also possession of the suit lands, which formed the Ghatwal tenure. They further alleged that Jotia Munda came in possession after becoming the Naik Ghatwal and after Jotia Munda’s death his son Gopal Munda functioned as Naik Ghatwal. Gopal Munda