Judgement

JAFER IMAM J.: This is an appeal against the decree of the Patna High Court setting aside the decree passed by the Add. District Judge of Motihari in favour of Raja Mohan Bikram Shah the proprietor of the Ramnager Raj. After his death the appellants were substituted in his place and stead and they filed an application in the High Court for a certificate for leave to appeal to this Court which was granted.

2. On 19-3-1910 the Raja executed a registered Sadaua Pataua deed in favour of Messrs. H. Murrey and G. Murrey, hereinafter referred to as the Naraipur Concern with respect to 17 villages including village Ratni for a period of 31 years. The land in suit appertains to Khata No. 2. of village Ratni, consisting of plot Nos. 2, 87 and 89.

3. The Raja instituted the suit out of which this appeal arises for a declaration that the land in suit was his Bakasht and the respondents were unlawfully in possession of it. He prayed for recovery of possession, mesne profits and interest pendente lite as well as future interest.

4. The respondents resisted the suit on the ground that the land in suit had been permanently settled with him by the Naraipur Concern as Raiyats under a Pa