Rai, J.

1. The plaintiffs instituted the suit, out of which the present appeal arises, for a declaration that the lands in suit are their raiyati lands and for possession of the same with mesne profits either from defendant 1 or from defendant 2. The case of the plaintiffs may be shortly stated as follows: Plaintiff 1 was the hereditary herald (kavi); of the family of the late Maharaja Harballabh Narain Singh, the maternal grandfather of defendant 1. Near about the year 1933 there cropped up. a litigation with respect to the properties left by Maharaja Harballabh Narain Singh.

His gotias claimed that the inheritance to the properties was governed by the rule of lineal primogeniture, while the present defendant 1 contended that there was no such custom in the family of the late Maharaja. During that litigation plaintiff 1 rendered valuable services to defendant 1 in lieu of which the lands in suit having an area of about 100 bighas 1 katha 5 dhurs set out in schedule 1 attached to the plaint were settled with him on an annual jama of Rs. 6-7-3 including cess. After the settlement, plaintiff 1 came in possession of the same.

On 2-12-1938, plaintiff 1 sold half of the settled