Judgment

Mahajan J. - This appeal arises out of suit No. 9 of 1939 instituted in the Ct. of Subordinate Judge of Palamau by the applts. against the respts. for a number of declarations in respect to their title to certain lands & for an injunction restraining the respts. from proceeding with a rent suit. The suit was decreed by the Subordinate Judge but on appeal this decision was revsd. by the High Court of Judicature at Patna & the applts . suit was dismissed.

2. The salient facts of the case are as follows : Village Darha belonged to a family of Pathaks as their ancestral lakhraj. Over a hundred years ago, the Pathaks granted the entire village in mokarrari to the ancestors of the family of Singhas (defts . first & second parties) at an annual jama of Rs. 14. The mokarrari interest eventually devolved on three branches of the Singha family, each branch getting in the following proportions : Parameshwar Dayal & others, defts . first party, to the extent of six annas; Bisheshwar Dayal Singh, defts . second party, to the extent of eight anas; & Madhav Saran Singh, to the extant of two annas. Subsequently, the two anna share of Madho Saran Singh was purchased by Hiranand Jha, father of the pltfs. jointly with Durganand Jha & Dharam Dayal. Dharom Dayal was a mere benamidar for Hiranand Jha.

3. On 5-6-1916, Bisheshwar Dayal Singh purchased six anna share in the lakhraj interest from Deolal Pathak & others & on 9-2-1917 he purchased another two anna share from Mandil Pathak. By virtue of these purchases he came to own the lakharaj interest to the extent of eight anna share. He already held the mokarrari interest to the same extent which had devolved on him by inheritance.

4. Some time in the year 1917 or 1918 Hiranand Jha & Durganand Jha, who had acquired by purchase two anna mokarrari interest of Madho Saran Singh purchased in execution of a rent decree the raiyati interest in the whole village & came into possession of it. They thus became mokarraridars of two anna share & raiyats of sixteen annas of the village lands.

5. In the year 1918, title suit No. 59 of 1918 was instituted in the Ct. of the Subordinate Judge of Palamau for partition of the lands situate in several villages & belonging to the family of the defts . 1st & 2nd parties. The jhas were impleaded as defts . in the suit, being co-sharers in part of the property in suit. This suit was decreed in the year 1921 & in the final partition an allotment of two annas share in Darha village was made in their favour. The remaining fourteen anna share excluding khatian 1, 3 & 6 was-allotted to the defts . first party. These three khatians were allotted to Bisheshwar Dayal Singh & in exchange for the remaining portions of his interest in that village he was given some property in village Holeya The result of the partition proceedings was that the defts , first party came to hold fourteen annas mokarrari interest in village Darha, Bisheshwar Dayal Singh s interest was limited to three khatians only, & the jhas got a separate allotment for their two anna share in the mokarrari. It appears that some time about the year 1926 the lakhraj interest holders, i. e., the Pathaks & Bisheswar Dayal Singh were in default in the payment of the cess due to Government. On 17-8-1926 proceedings were taken against them for recovery of the cess & their interest was sold in execution of a certificate on 18-10-1917 to one Bijainandan Sahay. The sale obviously was of the lakhraj interest. This was confirmed on 19-12-1927 & a sale certificate was issued on 10-3-1928. This was followed by delivery of possession on 15-7-1918. Possession was obtained by one Kamta Prasad who had acquired this interest from Bijainandan Sahay on 20-4-1928. On 1-5-1933 Kamta Prasad transferred his interest in the village to the pltfs. who thus became proprietors of sixteen-anna share in the village & mokarrairidars as to two anna share & raiyats of the entire sixteen annas in the whole village.

6. On 21-9-1934 the defts. f