Misra, J.

1. This is an appeal on behalf of defendants 4 to 9 arising out of a suit brought by the plaintiff-respondent for a declaration that the plaintiff had the right to resume the properties in suit described in the schedule of the plaint and that the defendants were mere trespassers, because they had no right to continue in possession after ths death of Shambhunath Singh who was the last lawful holder of the interest in suit.

The case of the plaintiff was that the suit properties which are comprised in six khewats were carved out of Baranda estate which is held by the plaintiff and which is impartible in character. According to the custom of the family, the Law of primogeniture prevails in respect of succession to the estate and the junior members are granted certain properties to be held so long as there are legitimate heirs of the original grantee of the property. On death, however, of the grantee and on the failure of the legitimate heirs to the estate, whenever that event might happen, the property was liable to resumption to the original estate. According to the plaintiff, this is one of many such estates which are found in the Division of Chota Nagpur. The plain