JUDGMENT

1. This is an appeal by the plaintiffs in a suit for recovery of possession of a share of land on declaration of shikmi taluki right (hereto. The subject-matter of the litigation is waste land in Mauza Gurai included in estates Nos. 51 and 80 of the Collectorate of the District of Mymensingh. The estates were sold in 1S33 for arrears of revenue and passed into the hands of one Bhawani Kishore Acharyya Choudbury, the predecessor-in-interest of the first defendant. According to the plaintiff the defaulting proprietor, or his predecessor, had created six shikmi taluks, which comprised the whole village, excluding 2 kanis of private land held in the possession of the proprietor and some specific lands comprised in two other taluks Chand Ram and Sova Ram. The plaintiffs set out their title by transfer and succession from the tenure-holders and allege that they have been wrongfully kept out of possession by the first defendant. The first defendant defended the suit mainly on the ground that the six shikmi taluks did not cover all the lands of the village to the exclusion of 2 kanis of the proprietor's private lands and the specific lands of the two other taluks already mentioned;