Judgement

Appeal (No. 64 of 1923) from a decree of the High Court (June 16, 1920) reversing a decree of the Subordinate Judge of Jamtara.

In 1852 the zamindars granted a deed of patni settlement in respect of mauza Sultanpur, which was within their zamindari. The material portions of the deed as translated from Bengali appear from the judgment of the Judicial Committee. It appeared from the judgment of Jwala Prasad J. that .the Bengali words translated "within the four boundaries and above and below "were" adha urdha hadud mahdud," after which occurred the words " hak hakuk."

In 1915 the appellants, who with certain pro-forma defendants were holders of the zamindari, instituted a suit against the patnidars and darpatnidars of the mauza (the present respondents Nos. 1 to 10), alleging that the defendants were raising and appropriating large quantities of coal from the mauza. The plaintiffs prayed for a declaration "that the plaintiffs are entitled to and are in possession of the underground rights of the said mauza, and that the defendants had no right or interest in the sub-soil of the said mauza"; they also claimed damages and an injunction.

The principal defendants, who were in p