JUDGMENT :

This Second Appeal under Section 100 of the Code of Civil Procedure has been preferred against the judgment dated 28.01.2022 and Decree dated 04.02.2022 passed by learned Additional District Judge -1, Barh (Patna) in Title Appeal No. 30 of 2018 confirming the judgment dated 09.02.2018 and Decree dated 21.02.2018 passed by the learned Sub-Judge -III, Barh, District – Patna in Title Suit No. 146 of 2011, whereby the learned trial Court has allowed the suit of the plaintiffs/respondents on contest.

2. The respondents were the plaintiffs in the Trial Court who had filed the suit, inter alia, for declaration of title to the exclusion of defendants over the suit land Plot No. 40, area 4 dec., Khata No. 222, Tauzi No. – 9165, Thana No. – 50 (Mauza-Dariyapur Dheebar, P.S. Pandarak, District – Patna) mentioned in the Schedule – 1 of the plaint.

3. The case of the plaintiffs/respondents, in brief, is that entire area measuring 20 dec. of plot No. 40 under Khata No. 222, Tauzi No. – 9165, Thana No. – 50 belonged to and possessed by Etbari Lal before the cadestral survey and, in the records of right, his name stands recorded as tenant. The common ancestor of the plaintiffs, namely, B