Vishnudeo Narayan, J.

1. This appeal at the instance of the plaintiffs-appellant has been preferred against the impugned judgment and decree dated 28.1.1989 and 9.2.1989 respectively passed in Title Appeal No. 38 of 1984 by Shri Anil Kumar Sinha, 3rd Additional District Judge, Dhanbad whereby and whereunder the appeal was allowed and the judgment and decree of the Trial Court passed in Title Suit No. 153 of 1981 was set aside and the suit of the plaintiffs was dismissed.

2. The plaintiffs-appellant have filed the said suit for declaration of their raiyati right and title and recovery of possession in respect of the suit land situate in Village-Dhokhra (No. 12), Police Station-Baliapur, District-Dhanbad fully detailed in Schedule-B of the plaint.

3. The case of the plaintiffs-appellant, in brief, is that Raja Shiva Prasad Singh was the proprietor in respect of 82.61 acres of land situate in Village- Dhokhra and he granted permanent tenure right in respect thereof of one Bhola Prasad Singh and the land aforesaid was recorded in khewat Nos. 2 and 3 of Village-Dhokhra in his name and land of khata No. 145, was recorded as Awad Malik appertaining to khewat No. 3 (Ext. F) in the name of Bhola Prasad Singh aforesaid, who was in cultivating possession thereon. Bhola Prasad Singh aforesaid transferred the said land in favour of Harakali Bose by a registered sale deed dated 21.3.1931 (Ext. 3/A) and Harakali Bose came in possession thereof. Subsequently, Harakali Bose transferred the aforesaid land by virtue of a registered sale deed dated 16.3.1936 (Ext. 3/B) in favour of Raja Shiva Prasad Singh aforesaid, the proprietor of Jharia Raj Estate Jharia Raj Estate was an impartable Estate governed by the rule of primogeniture whereunder the eldest son of the proprietor alone is entitled to inherit the Estate and the other sons of the proprietor are entitled only to get their maintenance and said Raja Shiva Prasad Singh had five sons and Kumar Rama Prasad Singh was his youngest son and in order to provide maintenance to his youngest son, Kumar Rama Prasad Singh, Raja Shiva Prasad Singh executed a registered permanent deed to patta, dated 4.9.1936 (Ext. 4) in his favour in respect of the aforesaid land under khewat Nos. 2 and 3 measuring 82.61 acres including Awad Malik land of khata No. 145 on receipt of proper salami on a nominal rental of Rs. 1/-per annum and put him in possession thereon and since then Kumar Rama Prasad Singh came in possession over the same and he used to cultivate the Awad Malik land of khata No. 145. Thereafter, Kumar Rama Prasad Singh while under peaceful possession thereon transferred the land of khata No. 145 detailed in Schedule-A of the plaint by executing a registered deed dated 6.6.1962 (Ext. 3) in favour of Gore Chand Mahto, the father of the plaintiff-appellant and put him in possession thereon and since then Gore Chand Mahto came in cultivating possession of Schedule-A, land of the plaint and he was mutated in respect thereof and paying rent to the State of Bihar, and in exercise of his permanent raiyati right over the same to the knowledge of the defendants-respondent and their predecessor and all concerned for more than 1-2 years has acquired a perfect title by adverse possession and on his death in the year 1979, the plaintiffs-appellant inherited the Schedule-A, land and they continued in cultivating possession thereon and have perfected raiyati title therein. Their case further is that Harkhu Mahto, the predecessor-in-interest of the defendants-respondent who had no title or possession in respect of the land detailed in Schedule-A of the plaint or any portion thereof filed an application before the mukhiya of the local panchayat during harvesting season of 1974 claiming an interest in the suit land and his application on proper enquiry was rejected by the mukhiya and Gore Chand Mahto harvested the paddy crop from the suit land in the year 1974 which he has grown therein and thereafter he also transpl