Judgement

Law Rep. 55 Ind. App. 212 ( 1927- 1928) Kamakhya Narayan Singh V. Ram Raksha Singh

52

Consolidated Appeals (Nos. 13, 82 and 102 of 1926) from three decrees of the High Court (August 6, 1924, and March 19, 1925) reversing three decrees of the Additional Subordinate Judge of Hazaribagh.

The appeals were in three suits instituted by the appellant against the several respondents in 1919 and 1920 to recover possession of villages included in mukarrari istimrari grants made by his predecessor in title. It was not contested in the present appeal that the grants expired on the deaths of the respective grantees. The plaintiff alleged that after the grantees deaths the defendants, who were heirs or assignees of the grantees, and persons claiming under them, became yearly tenants, and that the tenancies had been determined by notice. The defendants all denied that they were yearly tenants, and pleaded that they had acquired a permanent, heritable and transferable interest by adverse possession, and that the suits were barred under the Indian Limitation Act, 1908, Sch. I., art. 144.

The material facts appear from the judgment of the Judicial Committee.

They may be stated shortly as f