Judgement

Appeal (No. 35 of 1924) from a decree of the High Court at Patna (January 9, 1923) reversing a decree of the Subordinate Judge of Arrah in the district of Shahabad.

The suit was brought by the respondent to evict the present appellant and his brother, a minor since deceased, from certain agricultural lands in the district of Shahabad, appertaining to the estate of the respondent known as the Dumraon Raj. The question in the litigation was whether the defendants had occupancy rights in the land.

The facts appear from the judgment of the Judicial Committee.

Law Rep. 53 Ind. App. 164 ( 1925- 1926) Bindeshwari Prasad Singh V. Maharaja Kesho Prasad Singh 65

The trial judge dismissed the suit. Upon appeal the decision was reversed, the learned judges (Das and Kulwant Sahay JJ.) holding that the land was ziraat, or private land of the proprietor ; and that the fact that the proprietor had let the land after March 2, 1883, as ziraat not being excluded from being evidence by s. 120 of the Bengal Tenancy Act,] 1885, as amended by Bengal Act I. of 1907. The appeal is reported at I. L. R. 2 P. 414.

1926. Feb. 25, 26. Dunne K.C. and Hyam for the appellant.

De Gruyther K.C. and E. B. R