P. K. MOHANTI, J.

( 1 ) THIS is a plaintiffs' appeal arising out of a suit for declaration of title to and recovery of possession of the suit lands described in Schedule 'b' of the plaint.

( 2 ) THE plaintiffs belong to village Kudarsahi in the district of Singhbhum in Bihar while the defendants belong to village Brahmanpose in the district of Mayurbhanj in Orissa. Distance between the two villages is about 12 miles. The suit lands are situate at the village of the defendants. The case for the plain tiffs was that their forefathers finding it difficult to cultivate the suit lands and being unable to carry paddy from Orissa to Bihar on account of Control Orders imposing restrictions on movement of paddy let out the suit lands to Chandra Mohan Giri, the father of defendants 1 and) 2 on Thika basis on a cash rent of Rs. 80/ -. Chandra Mohan Giri cultivated the suit lands as a lessee till his death which occurred in January, 1965. He was then in arrears of cash rent for the year 1964-65. So the plaintiff No. 1 Baruna Giri and late Krutibas Giri, the father of plaintiffs 2 and 5 and husband of plaintiffs 6 and 7, requested defendant No. 1 to pay up the arrears and continue cultivation