Lord Blanesburgh. -

The question at issue in this suit is as to the ownership of some 44 bighas 8 kathas of agricultural land lying within the ambit of the mauza of Bele Pomo in the zemindari of the Maharajah of Darbangha. The lands constitute the bulk of a single well-defined block of three jotes having a total area described throughout the proceeding as of 59 bighas and 8 kathas. The remaining 15 bighas 4 kathas occupy a central position in the block, being surrounded by the 44 bighas. The whole area has been claimed by Bajit Lal Pathak, the first respondent. But it is his claim to the 44 bighas which is alone in question in this suit. His claim to the 15 bighas has been dealt with in a separate suit to which, with its result, reference will later on be made.

The history of the lands is voluminous but as it has been detailed with much care and precision in the judgments below, it need not be again elaborated here. The plaintiff's case - and by the term "plaintiff" their Lordships when they use it will refer to respondent 1, who in all proceedings has been the real contestant on one side, just as when they use the term defendant" they will refer to appellant 1, the Maharajah of Dar