Gurusharan Sharma, J.

1. Plaintiffs are appellants. Admittedly Plot No. 330 appertaining to Khata No. 18 of Village-Tapundana. P.S. Hatia, District Ranchi, having total area of 83 decimals, stood recorded as raiyati kaimi land of the plaintiffs. They filed suit for declaration of title and recovery of possession over the said land against the defendants.

2. According to contesting defendant No. 1, plaintiffs surrendered lands of Khata No. 18 to the then landlord, namely. Manager, Wards and Encumbered Estates, by a registered deed dated 19th November, 1941 (Ext. D), who came in possession thereof and settled the same with one Budhu Singh, through hukumnama dated 25.11.1341. Sub- sequently by registered sale deed dated 22.1.1960 said Budhu Singh transferred the suit land to the defendants.

3. There was an acquisition proceeding, under the provisions of Land Acquisition Act, 1894, wherein plot Nos. 956. 993 and 999 of Khata No. 18 were acquired. Plaintiffs filed objection under Section 30 of the said Act.

It was registered as L.A. Reference Case No. 64 of 1960. They claimed their right to receive compensation. In the said proceeding, it was held that aforesaid surrender of kaimi r