Judgement

Appeal (No. 101 of 1928) from a decree of the High Court (May 15, 1925) affirming a decree of the Subordinate Judge of Burdwan (May 13, 1921).

In 1915 the appellants, who held a permanently settled zamindari in the Manbhum District known as the Pandra, instituted a suit praying for a declaration that the subsoil rights in a village called Dendua belonged to them, an injunction and mesne profits. Dendua was one of the villages of Taraf Achra which had been included in the zamindari at the permanent settlement. Taraf Achra had at one time been part of the zamindari, but from an early date, apparently about 1700, it had been in the possession of a junior branch of the zamindars family, who paid to the zamindar the annual sum of Rs.21.4.0 in respect of it. The defendant-respondents were the Thakur of Achra and purchasers from him.

The plaint alleged that Taraf Achra had been granted to the junior branch as a khorposh or maintenance grant, which by custom was resumable, and that the subsoil rights belonged solely to the proprietors of Pandra. The first respondents written statement denied the facts so stated and alleged that Taraf Achra was held in indefeasible and absolute pr