M. P. Verma, J.

This second appeal arises out of a decision of the learned Subordinate Judge of Bihar, sharif passed in Title Appeal no. 52 of 1964, by which he reversed the judgment and decree of the learned Munsif of Bihar passed in Title Suit no. 52 of 1961.

2. The plaintiff is the appellant. He had brought a title suit for declaration of title and confirmation of possession, or, in the alternative, recovery of possession, in respect of 0.68 acre of lands in plot no. 3 of khata no. 8 with an area of 0.54 acre and plot no. 8 of khata no. 9 having an area of 0.14 acre. His case was that one Shaikh Moula Bux was the landlord of the touzi, in which this land lay. Though he was a co-sharer landlord, he managed the land of this touzi on behalf of all the co-sharers. On the 2nd August 1912, the plaintiff's father took this land from Shaikh Moula Bux in settlement under a registered deed after paying a salami of Rs. 105 and the rent having been fixed at eight annas annually. This rent was fixed in perpetuity. When the zamindari interest vested in the State of Bihar, the karmchari began to interfere with the possession of the plaintiff, who used to hold a hat over this area, and be