JUDGMENT :

1. Heard Mr. Nagendra Tiwari, the learned counsel appearing on behalf of the appellants and Mr. Yashwardhan along with Mr. Ritesh Singh, the learned counsels appearing on behalf of the respondents.

2. The present Second Appeal has been preferred being dissatisfied with the judgment dated 27.03.1998 and decree dated 21.4.1998 passed by 5th Additional District Judge, Giridih in Title Appeal No.130 of 1988 dismissing the appeal confirming the judgment dated 29.7.1988 and decree dated 9.8.1988 passed by 2nd Additional Munsif, Giridih, in Title Suit No.106 of 51/1984 of 87. The title suit was instituted by the respondent/plaintiff for adjudicating that the suit land belong to the plaintiff permanent indefeasible Basto right and the said title is subsisting and the defendants have not a vestage of title to the suit lands and the sale deed dated 29.7.1983 executed in favour of the defendant nos.2 to 4 and Ram Chandra Rajwar by Bako Khan (defendant no.1) died during the pendency of the suit and his name has been expunged and the appellant nos.1 to 6 have been substituted in his place be delivered up and cancelled. Plaintiffs have further prayed that the possession of the plaintiffs over the suit lands be confirmed and in the event of dispossession during the pendency of the suit, khas possession be recovered to the plaintiffs and also prayed for temporary and permanent injunction. The cost of the suit was also demanded. The said suit was decreed by judgment dated 29.07.1988 by learned 2nd Additional Munsif, Giridih in Title Suit No.106 of 85/51 of 87 and on contest that goes against the defendant nos.2 to 4 and 7, 10 and 11 and ex-parte against the rest and cancelled the sale deed executed by Bako Khan in favour of the defendant nos.2 to 4 and Ram Chandar Rajwar dated 29.07.1983 was also cancelled. Aggrieved with that, the defendant/appellants filed Title Appeal No.130/88 which was dismissed by the judgment dated 27.03.1998 affirming the judgment of the learned trial court and then the appeal was dismissed. Aggrieved with that, the defendant /appellants have filed the present second appeal.

3. The case of the plaintiff is that upto 1943-44 Bengal Coal Company was the land lord of village Koldiha and other villages within the district of Giridih and the company settled the land of plot no. 489 measuring an area of 1-22 acres and plot no.490 measuring an area of 0.04 decimals under khata no. 312 of village Koldiha P.S. Giridih within the limits of Giridih municipality by opening a Zamabandi by oral settlement dated 4th Shrawan 1331 BS with the plaintiffs at an annual rent of Rs 15/- and the plaintiffs were put in possession of the same and settlement was in permanent Basto right. The settlement was further confirmed by acceptance of rent from the plaintiffs and they continued in possession of the same and continued to pay rent till the vesting of the zamindari and rent was realized through Thoka no. 423 and after the Bengal Coal Company was taken over by the State of Bihar, the plaintiffs were recognized as tenants by the State of Bihar and the plaintiffs name was entered in the Register-II under Thoka no.423 with a new bata no.485 of its own and after realization of rent from the plaintiffs, the first rent receipts was granted on 22.01.1955 and since then the plaintiffs are paying rent to the State of Bihar and paid rent upto date and the plaintiff were continued to be in possession of the same and when the lands in the boundary of the suit lands began to be sold they put boundary pillars all round the suit lands and continued in possession but the suit lands remained fallow, although right from the date of settlement upto middle of 1983 and is still so and the then defendant no. 1 and whose house and land were near the suit never raised any dispute and also never claimed any right over the suit lands adverse to that of the plaintiffs but when the lands of vicinity began to be sold, he became greedy and manufactured a forged an