U.N. Sinha, J.

This appeal has been filed by some of the defendants, and it arises out of a suit instituted by the plaintiff respondents for declaration of title to and for recovery of possession with mesne profits of the properties mentioned in Schedule B of the Plaint. The suit was dismissed by the trial court and on appeal by the plaintiffs, the decision has been reversed and the suit has been decreed by the court of appeal below.

2. The relevant facts are as follows. According to the plaintiffs’ case one Tipan Mahton was a tenure holder of Mouza Shihodih in the district of Hazaribagh and his name was recorded under Khewat No. 3/5 of which he was in possession till the vesting of Zamindaris. It is said that Tipan Mahton had his bakasht lands in Khata no. 31, given in Schedule A appertaining to the said Khewat. According to the plaintiffs, Tipan Mahton transferred the land of Khata No. 31 of village Shihodih to the plaintiffs for consideration through Kebalas and the plaintiffs had come in possession. One of these Kebalas was executed in the name of Ganpat Mahton, plaintiff no. 1 and one Budhan Ali but is said that the latter was a mere name lender. According to the plain