M.Y. Eqbal, J.

1. This appeal by the plaintiff/appellants is directed against the judgment and decree dated 2.1.1990 passed by the 3rd Additional Judicial Commissioner, Ranchi in Title Appeal No. 41/1986 whereby he has reversed the judgment and decree dated 23.4.1986 passed by Additional Subordinate Judge, Ranchi in Title Suit No. 89/1978.

2. The facts of the case lien a narrow compass:

Plaintiff/appellants filed the aforementioned suit for declaration of title and recovery of possession with respect to the suit land bearing khata No. 398 situated at Mauza Khunti and khata No. 6 of village Kusum Toll, Khunti, Plaintiffs cases is that they are the descendants of Bhola Ganjhu whose name was recorded in Revisional Survey records of right. The suit land are the bakast land of Bhola Ganjhu. The defendants except defendant No. 20 are the descendants of Dhuru Ram Ganjhu and Ganjhu Ram Ganjhu, whereas defendant No. 20 is stranger to the family. It was further alleged that Chamru Ganjhu father of the Bhola Ganjhu executed a mortgage deed of his bakast land on 28.3.1919 in favour of Dhuru Ram Ganjhu and Ganjhu Ram Ganjhu. Inspite of mortgage deed, plaintiffs alleged to have remained in