The continuous possession, mutation of property, and payment of taxes and rent receipts were considered as evidence of the trust's title and possession.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Deepak Kumar Dubey, learned counsel for the appellants.

2. This second appeal has been filed being aggrieved and dissatisfied with judgment dated 26.11.2009 and decree signed on 08.12.2009 passed by learned Additional District Judge, Fast Track Court, Koderma in Title Appeal No. 12 of 2007, confirming the judgment dated 21.12.2006 and decree signed and sealed on 08.01.2007 by learned Sub-Judge-IV, Koderma in Title Suit No. 25 of 2004.

3. The plaintiff/respondent has instituted Title Suit No. 25 of 2004 against the appellants/defendants nos. 1 and 2 that defendant nos. 1 and 2 have got no concern over it. Prayer has also been made for the cost of the suit. The said suit was decided by the learned trial court by judgment dated 21.12.2006 and the said suit was dismissed. Aggrieved with that the appellants preferred Title Appeal No. 12 of 2007 which was dismissed vide order dated 26.11.2009 affirming the judgment of the learned trial court. Aggrieved with that the present second appeal has been filed.

4. According to the plaint as disclosed in the judgment of learned courts the case of the plaintiff/ respondent no. 1. in short, is that one Jamiunadas alias Jamunadas Tibrewala s/o Nanigram, resident of 30 Mugal Street, Rangoon set apart a sum of two lacs rupees for pious, religious and charitable purposes, which a trust was created under the name and style of Jamunadas Dharmada, for which shall be a trust in perpetuity by a registered trust deed dated Ist July, 1930. The said Jamunadas, the executor of the trust appointed his three sons namely Janki Das, Rang Lal Das and Ghanshyan Das as the first trustee of the aforesaid trust and thereafter in case of death of any trustee, his eldest son shall be appointed as a trustee and the same would continue by following the lineal male descendants of the trustee besides other conditions which include that the said trustee shall invest the trust fund in acquisition of Immovable properties etc. in India and elsewhere for the purpose of the estate. Further case of the plaintiff is that the trustee purchased 01.46 decimals of land under old khata no. 2 and plot no. 3454 in Jhumri Telaiya through the sale deeds in the year 1936 (detailed in schedule A of the plaint) having due mutation. Further the executor of trust Jamunadas Tibrewal and his wife Gulabi Devi delivered Rs. 151000/- to the aforesaid three sons trustees for smooth running of the said trust in the year, 1938. In the year, 1939 trustee Ghanshyam Das Tibrewalla out of the purchased land 1.46 acres under khata no. 2 from the plot no. 3454 sold and transferred 15 kathas 15 dhurs equivalent to 0.46 acres in the year 1939 to Raibahadur Ram Prasad Rajgarhia through two sale deeds and remaining 0.82 acres land remained in possession of the said trust. Out of 0.82 acres land 0.11 acres land acquired by Govt. for road and as such the said trust are in possession of only 0.71 acres land of plot no. 3454 under khata no. 2 at Jhumritelaiya. Further case of the plaintiff is that one formation of Jhumritelaiya notified area committee the plaintiff submitted the map for construction of dharmshala and accordingly the trustees constructed a dharmshala over a portion of the remaining 0.71 acres land of plot no. 3454 in the year 1949 and also constructed shops and godowns all around the dharmshala to derive income to spend for maintenance and up-keep of dharmshala. The 0.71 acres land of Dharmshala did not vest in the State government. In the year, 1953 and became the raiyati land of the plaintiff. The Dharmshala alongwith other appurtenances were registered as holding no. 5 with inward no. 3. The trust was regularly paying the rent to the ex landlord and after vesting to the state of Bihar. After formation of Jhumritelaiya Municipality the said dharmshala and its appurtenances were allotted as hold no. 228 within ward no. 7 and the plaintiffs are regularly paying rent under proper receipts. The trustees of