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