Judgement

Appeal (No. 13 of 1919) by special leave from a judgment and decree of the High Court (May 5, 1916) reversing a decree of the Judicial Commissioner of Chota Nagpur (June 27, 1912) on appeal from the Munsif of Giridh.

The suit was brought in the Munsifs Court in 1910 by the appellant as representing the Sitambri Society of Jains for possession of a small parcel of land between two and three cottahs in extent situate on a hill called Parasnath Hill. The plaintiff claimed under an agreement made on May 16, 1872, between the society and the Raja of Palgunga, the defendants being in possession under a lease from the Rani to whom the Raja had granted the hill after the date of the agreement. The agreement had been made in compromise of litigation as to the possession of .the hill, and the material passage relied on is set out in the judgment of the Judicial Committee.

The plaintiff by his plaint alleged that on September 20, 1907, the Society had given a written notice to

59 Law. Rep. 48 Ind. App. 376 ( 1920- 1921)

Maharaj Bahadur Singh V. Balchand 160

the Raja to the effect that a site on the hill, defined in the notice, was required by them for the purpose of building a temple.