Judgement

Appeal (No. 92 of 1927) from a decree of the High Court (March 11, 1926) reversing a decree of the Additional Subordinate Judge of Hazaribagh (April 18, 1922).

The suit was instituted in 1920 on behalf of the respondent, the Maharaja of Ramgarh, a minor, for a declaration that a taluk called Jagodih, consisting of certain villages which were included in his zamindari at the permanent settlement, was a jagir resumable on the failure (which had occurred

Law Rep. 58 Ind. App. 17 ( 1930- 1931) Charu Chandra Ghose V. Kumar Kamakhya Narain Singh

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admittedly) of lineal male descendants of the grantee, and for possession. He contended that an entry in the record-of-rights prepared under the Chota Nagpur Tenancy Act, 1908, to the effect that the taluk was a shamilat or shikmi taluk of his estate was incorrect. The present appellant was defendant No. 3 and claimed to hold a share in Jagodih by right of purchase.

The trial judge dismissed the suit on the ground that the evidence showed that the plaintiff had no proprietary rights ; he held that the defendants were not barred or estopped from so contending.

On appeal the decision was reversed and a decree was made as prayed. The l