The plaintiffs have filed this first appeal against the judgment and decree dated 14.08.1986 passed by the learned 7th Additional Sub-ordinate Judge, Patna in T.S. No. 236 of 1982/Trial No. 11 of 1984, whereby the learned court below dismissed the plaintiffs-appellants’ suit.

2. The plaintiffs-appellants filed the aforesaid Title Suit No. 236 of 1982 for declaration of title and confirmation of possession over the Schedule-II and Schedule-III lands mentioned in the plaint. The plaintiffs further prayed for declaration that they be declared as settled raiyat in respect of the Schedule-III lands and for permanent injunction.

3. The plaintiffs claimed the aforesaid reliefs alleging that Hazari Yadav son of Mahadeo Yadav was recorded tenant, who is the ancestor of the plaintiffs. The plaintiffs and their ancestor had one forth share over the Schedule-II properties and, accordingly, they are coming in possession of the properties. They were paying rent to the ex-landlord and then State. Canal Parcha and Water Tax receipts are in their name.

4. So far Schedule -III properties are concerned, according to the plaintiffs, they are the Bataidars of the defendants since last several 12