Judgment

Bose, J. - The plaintiff appeals.

2. The suit relates to a Saranjam estate in the State of Bombay. The plaintiff claims to be the sole Saran Jamdar and seeks certain declarations and other reliefs appropriate to such a claim.

3. The first and second defendants are members of the plaintiff s family while the third defendant is the State of Bombay (Province of Bombay at the date of the suit).

4. The only question is whether the suit is barred by S. 4 (a) of Bombay Act X [10] of 1876 (Bombay Revenue Jurisdiction Act).

5. The following genealogical tree will show the relationship between the parties:

6. The facts are as follows: A common ancestor of the present parties was given the Gajendragad estate as a Saranjam some time before the advent of the British. When they arrived on the scene they decided, as far as possible, to continue such Saranjams, jagirs and inams as had been granted by the earlier rulers, and accordingly they framed Rules under Sch. B, R. 10 of Bombay Act XI (11) of 1852 (The Bombay Rent Free Estates Act of 1852) to regulate the mode of recognition and the succession and conditions of tenure to Saranjams, which are analogous to jaghgirs. In compliance with this