1. The original plaintiff, Md. Ashraf Ali Ansari, since deceased and substituted, had filed this First Appeal against the Judgment and Decree dated 28.05.1982 passed by the learned IVth Addl. Subordinate Judge, Bhagalpur in Title Suit No.289 of 1976 whereby the Court below dismissed the plaintiff’s suit for declaration of title.

2. The plaintiffs filed the aforesaid suit for declaration of title over the suit property alleging that one Chethru Momin had acquired 22 bighas 7 kathas land from ex.landlord through settlement and executed a registered Kabuliyat on 03.09.1906. After settlement, he came in possession and died in the year 1921 leaving his son Abdul Gaffur, a daughter Sovia and his widow, Bibi Gunju. Thereafter, in the year 1933, a rent suit was filed by the landlord regarding the suit land wherein the landlord obtained a decree and in the execution case, the suit holding was sold which was purchased by landlord. Immediately, thereafter the heirs of Chethru Momin, i.e., his widow, Gunju and son and daughter who were the judgment debtor paid the entire dues on 5.10.1935. After payment of the dues, they continued in possession. The landlord never came in possessi