Judgment

BACHAWAT, J. :- Civil Appeals Nos. 435 to 436 of 1959 are appeals, which arise out of Title Suit No. 10 of 1942 of the Court of the First Subordinate Judge of Arrah and F. A. Nos. 119 and 192 of 1948 of the High Court of Patna. The plaintiffs claim recovery of possession of lands measuring 614 bighas 12 kathas 16 dhurs in village Dubha Taufir appertaining to Bheria Mahal Tauzi No. 1298 in the District of Shahabad. The revisional survey of 1937 showed that the area of Dubha Taufir then was 738 bighas 17 dhurs. Two strips of Dubha Tanfir measuring about 35 and 77 bighas respectively are not the subject matter of the suit. The claim in this suit is in respect of the remaining portion of 614 bighas 12 kathas 12 dhurs.

2. Mahal Bheria consisted of 12 mauzas including Dubha, Ganguauli and Kharha Tanr lying to the west of the Ganges. The Mahal was a permeanently settled estate, and the Dumraon Raja was its proprietor. The revenue-paying Mal land of the Mahal was measured in the 1845 revenue survey. Part of the Mal land was then in the bed of the Ganges. Between 1845 and 1863 due to the recession of the Ganges to the east the submerged Mal land and considerable Taufir or excess land emerged from the bed of the river. The Tauf land was temporarily settled with the Maharaja by the Government under Regulation VII of 1822 read with Regulation IX of 1825. The area of Dubha Tanfir settled with the Dumraon Raja was about 720 bighas in 1866, 514 bighas in or about 1907, 36 bighas in 1913. The causes of the fluctuations in the area were alluvion and dilusion by the action of the river Ganges, declaration of part of the Taufir as Mal land in 1909 and erroneous treatment of a large portion of the Taufir in 1913 as an appurtenance to Sheopur Diara.

3. In Shahabad District, the general course of the river is from west to east, but near Dubha its course is from north to south. Neverntheless, in the description of the boundary of Dubha and Dubha Taufir in depositions, documents and orders, the Ganges is referred to as lying to the north of the village. The popular north is really the magnetic east.

4. From about 1900 onwards, the find a shifting stream of water called the Bhagar runnign through low-lying lands in Dubha Taufir. During 1920 to 1930, the Ganges receded further to the east, and the Bhagar dried up. The Ganges was the boundary between District Shahabad on the east and District Ballia on the west, but since the settlement survey of 1934-35, the 1882 line of the Ganges is the dividing line between the two Districts.

5. The plaintiffs and defendants 3rd and 4th parties are descendants of one Dihal Thakur. The defendant 5th party is the Maharaja of Dumraon. The defendants 1st party are pattadars claiming to be tenants of 497 bighas of the disputed lands under the Maharaja. The defendant s 2nd and 4th parties are co-sharers of the defendants 1st party. The defendants 1st, 2nd, 4th and 5th parties contest the plaintiffs claim.

6. The case of the plaintiffs finally put forward in this Court is that between 18945 and 1863 Dihal Thakur, the common ancestor of the plaintiffs and defendants 3rd party held all the frontier plots of village Dubha as occupancy tenants under Dumraon Raja and by Cl. (1) of S. 4 of Regulation XI of 1925 acquired occupancy tenancy rights in the entire Dubha Taufir accreted in front of his plots between 1845 and 1863 and thereafter, and his rights in the Taufir lands devolved upon the plaintiffs and the defendants 3rd party jointly. The plaintiffs claim exclusive title to occupancy rights in the entire Dubha Taufir under alleged oral arrangements with the Dumraon Raja. Though they disclaim title by adverse possession, they claim before us title as occupancy tenants by virtue of their alleged occupation of the Taufir lands. They allege dispossession on May 27, 1940 within 12 years of the suit. The contesting defendants dispute the plaintiffs title, and also content that the suit is barred by limitation.

7. The Subordin