( 1 ) THE plaintiffs have alleged that the land of the Schedule B to the plaint forms part of the land of the Schedule A. On the 8th Dec. , 1933, one Modal Singh purchased the property of Schedule A from one Mohabir Prosad Mistri by a registered kobala and thereafter he was in peaceful possession of the same. By a registered Sale Deed dated 10-1-1962 the plaintiff purchased that property from Modal Singh. Defendants Nos. 2 to 4 have been carrying on business under the name and style of Messrs. Roy and Co. (Defendant No. 1 ). In 1958-59 the defendants illegally trespassed into the small "tin Chhapra" of Modal Singh. They possessed that shed as a godown for sometime. Thereafter they constructed a new C. I. T. sheet structure. The suit was filed for recovery of khas possession of the disputed land on declaration of plaintiffs' title thereto.

( 2 ) DEFENDANTS Nos. 2 and 3 filed a written statement alleging inter alia that the suit was not maintainable and the plaintiff had no title and possession. The property did not belong to Modal Singh, who never possessed the same. In 1948 they erected structures on the disputed land with verbal permission of the landlord. Subse