The total land involved in this appeal is 12 bighas 3 kathas 12 lechas, but the fight is confined to abut 6 bighas of Government waste land and the disputants are headed by the two sons of deceased Ratnakar, namely, Dhiru Dutta and Gouri Datta. The sons and grand sons of Gouri Dutta filed the present suit against the two sons of Dhiru Dutta. Initially Ratnakar had about 6 bighas of ancestral land and his two sons got about 3 bighas each. There is no dispute between the parties regar­ding this share of the ancestral land. The whole dispute is relatable to the Government waste land measuring about 6 bighas. The case of the each of the parties is that this waste land was reclaimed by it. The dispute between the parties first found them in criminal court when a proceeding u/s. 145, Cr. P.C. was drawn. As in that proceeding possession of the defendants was declared, the present suit was filed seeking in the main declaration of the Plaintiffs' title over 9 bighas and odd land. Both the courts below have found in favour of the plaintiffs. Hence this appeal by the defendants.

2. A perusal of the impugned judgment shows that in deciding the case in favour of the plaintiffs strong reliance wa

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