Judgment

SHAH, C.J.I. : Raja Bahadur Harihar Prasad Narain Singh hereinafter called the Raja settled in 1936 an area of 15 bighas of land in village Nanour Tanzi Nos. 11021 and 11163 out of his joint family estate upon Ambica Prasad and Harihar Prasad-herein after called "respondents 1 and 2". The Annual Jama of the land was Rs. 15/-. The appellant who is the son of the Raja filed in 1942 a suit for partition of the joint family estate. The suit was compromised. The appellant claims that the land settled upon respondents 1 and 2 were allotted to his share by that compromise. In 1946 the appellant dispossessed respondents 1 and 2 from the land settled upon them. Respondents 1 and 2 commenced an action in the Court of the Subordinate Judge, Patna, against the appellant and his brother for a decree for possession of the land and for mesne profits. The appellant by his written statement denied the settlement and set up the plea by respondents 1 and 2, that he and the members of his family were at all relevant times in possession of the land and that he had not dispossessed respondents 1 and 2 as alleged.

2. The Trial Court decreed the suit holding that the land in "dispute was" settled