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