Judgement

Law Rep. 58 Ind. App. 9 ( 1930- 1931) Bageswari C haran Singh V. Kumar Kamakhya Narain Singh 161

Appeal (No. 47 of 1928) from a decree of the High Court (January 21, 1927) reversing a decree of the Additional Subordinate Judge of Hazaribagh (December 22, 1922).

The plaintiff-respondent, who was zamindar of the Ramgarh estate, instituted a suit against the appellant (who was defendant No. 10),his grandfather Jado Charan Singh (defendant No. 1, since deceased), and other members of the appellants family. The plaint claimed a declaration that the defendants had no right to the minerals underlying villages mentioned therein, an injunction, and further relief. The respondents case was that the villages in question constituted a rent-paying jagir held by the defendants under a grant from one of the respondents ancestors. In the record-of-rights made in 1915 under the Chota Nagpur Tenancy Act, 1908, the tenure had been so recorded. The appellant by his statement of defence denied that the villages were a part of the respondents zamindari and contended that they had been acquired by his ancestor by force of arms and that he was proprietor and entitled to the underlying minerals.