Judgement

Appeal from a judgment and decree of the High Court (March 7, 1916) affirming a decree of the District Judge of South Arcot (August 18, 1910) which affirmed a decree of the District Munsif of Tirukoilur.

The suit was instituted in the Court of the District Munsif against the appellant by the respondents who were shrotriyadars of the village of Kollur. They claimed a declaration of their full rights to the rocks and hills within the village (except as to a portion acquired from them by the Madras Government in 1887), a refund of Rs. 89, paid by them for royalties levied by the Madras Government in respect of stone quarried from the village, and for other relief.

The respondents title was based upon a shrotriyam grant made in 1750 by the Nawab of Carnatic to their predecessor in title. By their plaint respondents further relied upon title-deeds granted by the Inam Commissioner, and upon the fact that in 1887 the Government being in need of stone had acquired part of their land under the Land Acquisition Act. They also pleaded that they had a prescriptive right, but upon that issue there were concurrent findings of fact against them.

The appellant by his written statement de