Gurusharan Sharma, J.

1. Defendants are appellants. Plaintiffs filed suit for declaration of title as occupancy raiyat over, the suit land, detailed in Schedule C to the plaint and for confirmation of possession or in alternative, for recovery of possession, if found dispossessed during pendency of the suit.

2. According to plaintiffs, Gadi Serampore was an impartable revenue paying estate, bearing Tauzi No. 10, within Collectorate of Hazaribagh, now within Giridih district. The estate was being governed by law of primogeniture wherein eldest in the male descendant of the eldest branch used to succeed to the gaddi and youngers used to get khorposh grant (maintenance) resumable on extinction of male line.

3. Admittedly, Dubraj Singh, the proprietor had three sons, Pratap Singh, Ajit Singh arid Bharat Singh. Pratap Singh died leaving behind a son, Garur Narain Singh. He had a son, Sarda Narain Singh, who died issueless, leaving behind his widow, Jagdamba Kumari. Ajit Singh died issueless. Bharat Singh died, leaving behind two sons, Nikanth Narain Singh and Hari Prasad Singh. Nikanth Narain Singh died, leaving behind his widow, Hirday Kumari and son, Wazir Narain Singh, who left behind two sons, Bishambhar Narain Singh and Baidyanath Prasad Singh. Bishambhar Narain Singh died, leaving behind his widow Chudamani Devi, defendant No. 4 and a son, Narsingh Narain Singh, defendant No. 3. Baidyanath Prasad Singh died leaving behind his widow, Parbati Kumari, defendant No. 5 and six sons, namely, Mauleshwar Narain Singh, Ram Narain Singh, Braj Kishore Singh, Baleshwar Narain Singh, Rohit Singh and Lalit Singh, defendants 6 to 11. Hari Prasad Singh died leaving behind his son, Raghunandan Prasad Singh, who died leaving behind three sons, namely, Kamleshwari Prasad Singh, Bindeshwari Prasad Singh and Parmeshwari Prasad Singh, defendants 11(a) to (c).

4. On the death of Dubraj Singh, his grandson, Garur Narain Singh succeeded to the estate, as his son, Pratap Singh had already predeceased him. Ajit Singh died issueless and Bharat Singh was granted certain khorposh rights, with respect to certain villages, including village Chaura. After death of Bharat Singh his khorposh tenure was succeeded by his two sons, Nilkanth Narain Singh and Hari Prasad Singh. During proprietorship of Sarda Narain Singh, the proprietary estate was placed under administration of the Court of wards.

5. In the year 1890, Nilkanth Narain Singh created two registered deeds of settlement of Dar-khorposh in favour of his wife, Hirday Kumari and nephew, Raghunandan Prasad Singh, detailed respectively in Schedules A and B to the plaint, but those deeds were not acted upon and remained inoperative.

6. After death of Sarda Narain Singh, Nilkanth Narain Singh filed Title Suit No. 122 of 1908 for declaration that he was proprietor of the estate, not only as the effect of law of survivorship of Mitakshwara School of Hindu Law, but of local customs also and Rani Jagdamba Kumari was not entitled to succeed, which was decreed on 18.9.1911.

7. Rani filed First Appeal No. 456 of 1911 in this Court, which was disposed of with certain modification in trial Courts judgment and some of the suit properties were given to her. The matter went upto Privy Council. In the meantime survey entries were made in the name of Nilkanth Narain Singh, vide Khewat No. 1, Hriday Kumari, khorposhdar under him vide Khewat No. 2, Raghunandan Prasad Singh, khorposhdar under him, vide Khewat No. 4, though both of them should have been shown as Dar-khorposhdar. However, khorposh right never merged into proprietary right of Nilkanth Narain Singh. After death of Nilkanth Narain Singh, his son, Wazir Narain Singh continued as khorposhdar and thereafter his two sons, Bishambhar Narain Singh and Baidyanath Prasad Singh continued as such, until vesting of estate in the year 1953. After vesting, under Section 6 of the Bihar Land Reforms Act, 1950, those khorposhdars retained the lands in question in village Chaura