JUDGMENT :

1. Plaintiffs are the appellants who have preferred this appeal against the judgment and decree passed in Title Appeal No. 42/1983 affirming the judgment passed in T.S. No. 70/1973 by the Addl. Munsif-I, Daltonganj.

2. Because the parties are many and this Judgment is in second appeal, it will be more convenient to refer to them by their placement in the original suit and will include L.Rs. of those who died in the meantime during the pendency of the suit and appeal.

3. The plaintiff filed a suit for declaration that the suit land was their raiyati land, for confirmation of possession and permanent injunction, on the ground that the plaintiffs were heirs and descendants of the recorded tenant of the suit land whereas defendants were sons of recorded darraiyat Nanhku Mahto.

4. The suit land comprises of 2.30 acres of land under Plots Nos. 50, 54, 71, 85 and 53/205 appertaining to Khata No. 15 (mentioned in Dar-riayti Khatan no.6) of village Balha, Thana No.63 formerly within Chatterpur now within P.S. Hariharganj, District Palamu.

5. The suit land was recorded in the name of Jagan Chamar ancestor of the plaintiffs nos. 1 to 3 who held one share; in the name of Sheo Balak Mahto and predecessor-in-interest of plaintiff nos. 4 to 10 (two shares); and also in the name of Chulai Mahto and Pachu Ahir in the last cadastral survey (one share each). Jadu Mahto son of Chulai Mahto inherited his entire share. Chulai died leaving behind his son Jadu Mahto who sold his share to Dukhi Mahto through registered Sale deed on 15.4.1942. Dukhi Mahto sold his entire share to Khunji Mahto through sale deed dated 29.5.50. Plaintiff nos. 12 to 14 are heirs and descendants of the line of Khunji Mahto. Plaintiff no.11 is the heir and descendant of recorded tenant Panchu Ahir. Bifani Ahirin grand-daughter of recorded tenant Sheo Balak Mahto sold her entire share in Khata No.15 of 0.43 ¾ acres vide registered sale deed dated 2.3.70 to plaintiff nos. 4 to 7.

6. Near about the last survey and settlement operation, Nanhku Ahir the father of the defendant was inducted as Dar-raiyat in respect of the suit lands as Dar-raiyat and Dar-riyat Khata No. 6 was prepared in his name.

Shortly after the survey the recorded tenants of khata no. 15 took in ‘Sir’ possession of the five plots for which Dar-riyati Khata No. 6 was prepared in the name of Nanhku Ahir. As such the recorded tenant Nanhku Ahir had no occasion to pay rent to the recorded tenants nor he was in possession. Soon after the survey, the recorded, dar-raiyat Nanhaku Ahir surrendered the suit land having duly executed deed of Bajidawa in favour of recorded tenants of Khata No. 15.

According to law or custom, Dar-raiyati interest is not heritable on the death of the recorded Dar-raiyat Nanhku Ahir by his heirs and descendants. Nanhaku had taken 2 acres of Gairmajurwa lands in village Balha. His wife had predeceased him and after his death his minor son Raghuni Ahir (defendant) went to his Nanihal, Gosaindih and returned to village Balha only a few years before the vesting in the State of Bihar in the year 1955 under the B.L.R. Act, and purchased some land from Keshar Mahto in the year 1951 and constructed a house and is residing in it since then.

Cause of action arose on trouble caused by the defendants when a proceeding under Section 144 Cr. P.C was initiated by the plaintiffs which was registered as Misc Case No. 328 of 1971 against the defendants. This proceeding was later on converted into a proceeding under Section 145 Cr.P.C in which an adverse order was passed against the plaintiffs, hence this suit.

7. Case of the defendant is that defendant’s father was in possession of Plot Nos. 50, 54, 71, 85 and 53/205 of village Balha and was paying fixed annual rent of Rs.5 and 8 since several years before the survey operation through the raiyat of Khata No. 15. These khatas were also surveyed under the same khata showing all these lands under Dar-raiyati Khata No.6. The defendants are in continuous possess