Choudhary, J.

1. This is an application, under Article 226 of the constitution of India.

2. One Babu Ajodhya Prasad Singh of village. Nava Kothi, P. S. Bakhari, district Monghyr, was possessed of a large property consisting of about 4000 acres of agricultural lands in his possession and an income of about Rs. 9000.00 per year as cash rental receivable from tenants. The average yearly income from the agricultural lands was nearly Rs. 150,000/-. These lands lie in several villages one of which is village Kusmaut. In this village he had about 2,500 bighas of cultivable lands yielding an approximate income of Rs. 1,00,000/-. The tenants who pay cash rental live in different villages lying under different police stations. In village Kusmaut, accoding to the petitioners, there is only one tenant who pays about Rs. 5/- as rent per year, while, according to the opposite party, there are two tenants who pay Rs. 29/7/- as rent per year.

In this village there is a fairly big pucca build-Ing which is recorded in the survey record-of-rights as being a pucca building o£ the said Babu Ajodhya Prasad Singh. In April, 1945, he created a trust of his entire properties and the petitioners are