Prabha Shanker Mishra, J.

The plaintiff, respondents have moved this Court in appeal against the JUDGMENT : of the 5th Additional Subordinate Judge, Fatna, in one case modifying the decree for arrears of rent and in the other case setting aside the JUDGMENT : and decree of the Munsif 1st Court, Patna. These appeals arise out of a common JUDGMENT : and involve common question of law. Accordingly, they have been heard together and are being disposed of a common JUDGMENT :

2. The plaintiff-appellants claim to be the owners of holding no. 88/89, Circle No.93, Ward No. 20 plot no. 6.A and holding no. 26, Circle No. 91, Ward No. 19 plot no. 458 situated in Mohalla Maharajganj alias Bajuganj in the town of Patna. According to their case, upon the said holdings, there were houses. The original owners were Mosmat Ghansi and Kunda. Later the houses fell down and lands were sold by them to Dallu Singh. Appellants inherited the property from him through their father. Holding no. 88/89 was given in settlement by the ancestors of the appellants to Chhedi Sah grand father of defendants 1 and 2 under registered sarkhat dated 14.2.1897 on a monthly. Mahabiri rental of Rs. 2/12 annas and an