Judgement

Appeal (No. 70 of 1921) from a judgment and decree of the High Court (June 25, 1919) affirming a decree of the Additional Subordinate Judge of Gaya.

The suit was brought by respondents 1 to 3 for a declaration of their mukarrari title to two mauzas, and for possession with mesne profits.

The sole question was whether, as the first defendant alleged, a grant of May 30, 1880, included the two villages under the designation Damodarpur Lakhawar.

The trial judge held that the villages were not included in the grant and decreed the claim. The High Court affirmed the decree, rejecting an application to admit further documents in evidence in circumstances stated in the present judgment.

1923. March 15, 19. De Gruyther K.C. and Dube for the appellant.

Dunne K.C. and Wallach for the respondents.

May 15. The judgment (This report is directed only to the question of procedure appearing in the headnote; passages in the judgment are accordingly omitted where indicated.) of their Lordships was delivered by

MR. AMEER ALI The facts of this litigation are set out in detail in the judgments of the Courts in India; it is consequently not necessary to state them here at any length. The suit r