Judgment

GROVER, J.:- This is an appeal by certificate from the judgement of the Assam and Nagaland High Court arising out of a suit which was filed as far back as May 1948.

2. The main controversy arises out of a grant on a Copper plate made by Ahom King Maharaj Sibasingha of some landed property in the year 1663 Saka Era corresponding to 1741 A.D. The suit was instituted by the plaintiffs in a representative capacity as Bhaktas. According to the allegations in the plaint this grant was made by the King in the name of one Gadapani Bhattachariya for the establishment of Satra (Vaishnavic institution). It was made for the propagation of Nama Dharma and for continuance of Saraban Kirtan Dharma. Defendants 1 to 20 were alleged to be the heirs of Gadapani Bhattachariya. The Plaintiffs claimed that they were the descendants of the 10 Bhakats who were mentioned in the Copper plate creating the endowment, the name of the Satra being Sat Sangee Satra. The original grant was in respect of 79 puras of land which would be equivalent to 316 bighas. It was rent-free. In the copper plate the grant was termed as Brahmottar. After the British rule commenced there was an enquiry in which the grandson of the original grantee (Gadapani Bhattachariya) made a claim of 83 puras of land with 10 bighas of Sat Sangee Satra. This was confirmed by the British Government. During the demarcation survey of 1881, the area was reduced to 304 bighas and in the survey and settlement of 1884-85 it was shown as 313 bighas roughly. In the subsequent settlement of 1905-06, the land was assessed to half revenue, known as Nispi Kheraj. The area covered by Nispi Kheraj or Nisf Kheraj was 243 bighas. During the current 30 year settlement the Nispi Kheraj land was shown to cover an area of 230 bighas odd and the suit was confined to that area.

3. According to the case of the plaintiffs, the grant, as a matter of fact, was a Dharmottar grant though called Brahmottar in the Copper plate. In other words, it was an endowment created for religious and charitable purposes and it did not confer benefit only on the grantee (Gadapani Bhattachariya) or his heirs and descendants. The Sat Sangee Satra to be established on the basis of this grant was known as Bhanukuchi Satra along with a Nam ghar. It was asserted by the plaintiffs that the defendants were interfering with their rights relating to the Satra and were also not properly repairing the Nam ghar etc. It was alleged that some of the plaintiffs were still living in the land covered by the Nispi-Kheraj patta. Paragraph 12 of the plaint may be reproduced:-

"12. In fact the land described in the schedule of the disputed patta is the Dharmottar land gifted to the Bhanukuchi Satsangi Satra. The lands have been absolutely endorsed for religious purpose, hence the defendants have not possessed any title of their own over those. They are the trustees only on behalf of the Satra. They are bound to maintain the said Satra with the income of these lands by observing the Doul festival and the usual Nam-Kirtan and the plaintiffs as the Bhakats of the said Satra are entitled to possess their own basti and paddy lands etc. by going and observing the Nam-Kirtan in the Satra house of Dag No. 472 and the Doul festival by erecting the Doul stage as before in Dag No. 428. Hence it is necessary to obtain a decree after a declaration from the Civil Court and with the said end and view it is necessary to obtain possession from the Court on behalf of the plaintiffs. If it is necessary the plaintiffs will file a scheme case afterwards".

The relief which was claimed was for a declaration that the disputed land was a gift to the Bhanukuchi Sat Sang as mentioned in paragraph 12 and for possession.

4. In the written statement the position taken up was that the disputed land was not Dharmottar. It was a property gifted to late Gadapani Brahmin, the predecessor of the defendants. Gadapani Bhattachariya was a good religious minded Brahmin and the Ahom King, fo