Lord Russell of Killowen.—

The dispute in this appeal relates to certain lands situated in village Hasanpur Sangama, also known as Chaita, in the district of Darbhanga, amounting to about 192 bighas and bearing Towzi No. 8176. The suit was instituted by the plaintiffs, who are the appellants before this Board, against four groups of defendants, who are the respondents on this appeal, for a declaration that the lands were ziraat of the proprietors of the village. The plaintiffs own a share of 11 annas in the village, and the second and fourth groups of defendants, the remaining 5 annas. The lands are in the possession of the first and third groups of defendants, and it is they who are contesting the plaintiffs' claim. The main question for determination in this appeal is whether the lands are ziraat or proprietor's private lands within the meaning of the Bengal Tenancy Act.

The plaintiffs acquired their interest in the village under three deeds of sale: one of 5 annas 6 gundas, from Mt. Jighri Begam, dated 1st April 1914, another also of 5 annas 6 gundas from Syed Nawab Ali, dated 11th June 1919; and the third of about 6 gundas from Ram Bahadur, dated 31st October 1919. The share sold