Sir John Edge :-

These are three consolidated appeals. It will be convenient to dispose at once of the appeal in which Musammat Bibi Nabi Zohra is the appellant. That appeal is not supported, and, will be dismissed with costs.

In the other two appeals which will now be considered Rai Baijnath Goenka was the appellant; he is now dead, and is represented by his minor son through his mother and guardian, his next friend. These two consolidated appeals are from two decrees, dated the 24th April, 1917, of the High Court at Patna which reversed the decrees, dated the 22nd February 1916, of the Subordinate Judge of Monghyr, by which the Subordinate Judge dismissed applications by the respondents here or those whom they represent for the execution of a decree of the Subordinate Judge of Monghyr of the 30th June, 1904 which on the advice of the Judicial Committee of the Privy Council had by an order of His Majesty in Council of the 3rd February 1915, been restored, except as to villages Matasi and Mirzagunj.

In order that the questions in dispute in these appeals may be understood, it is necessary to refer briefly to some facts and to the history of the litigation in which these appeals have a