Lord Thankerton.:-

The dispute in the present appeal relates to the ownership of certain plots of land which lie on the boundary of, or between, the estates owned by the parties in the Kheri district of Oudh. The suit was instituted on 23rd January 1933, by the Deputy Commissioner of Kheri as Manager of the Court of Wards Isanagar Estate in the Court of the Additional Subordinate Judge of Kheri against the present appellant, the Maharaja of Kapurthala. The plaintiff prayed for a declaratory decree that he was the rightful proprietor of the lands in suit. After trial, the Subordinate Judge delivered his judgment and dismissed the suit, except in respect of certain small areas of land not contested by the defendant, by decree dated 22nd December 1933. The plaintiff appealed to the Chief Court, and, while the appeal was pending, the Isanagar Estate was released from the superintendence of the Court of Wards, and the present respondent, the Raja of Isanagar, was substituted as appellant in the Chief Court in place of the original plaintiff. By decree dated 7th May 1936, the Chief Court set aside the decree of the Additional Subordinate Judge and decreed the suit. The present appellant a