Judgement

Appeal from a judgment and decree of the High Court (July 12, 1909) reversing a decree of the Subordinate Judge of Nuddia (June 30, 1906).

Law. Rep. 44 Ind. App. 104 ( 1916- 1917) Kumar Basanta Roy V. Secretary of State For India In C ouncil 6

The appellants on September 6, 1904, instituted a suit for a declaration of their title to, and for partition and possession of, certain lands which had been re-formed after diluviation. They claimed that the lands were re-formations of mauzas Durlabhpur, Jirat, and Hatikanda, that a 10-anna share in those mauzas appertained to lot Mahomed Aminpur (mahal No. 3989) and a 6-anna share to lot Gobindpur (mahal No. 100), and that a moiety in Mahomed Aminpur was held by their father, and on his death in 1883 passed to them, being under the management of the Court of Wards until January, 1894. The defendants were the owners of mahal No. 100 (the present respondents Nos. 2 to 8, and hereinafter referred to as the principal respondents), the raiyats in occupation, the Secretary of State for India (who took no part in the appeal), and, as formal defendants, the plaintiffs, co-sharers in Mahomed Aminpur. By their written statement the principa