Ramratna Singh, J.

1. The facts giving rise to this appeal by the plaintiff are these. Bhaiya Rudra Pratap Deo, the original plaintiff, was the holder of an impartible estate known as Nagaruntari Estate in the district of Pakamau, the succession to which used to be governed by the rule of lineal primogeniture, the junior members of the family being entitled to khorposh or maintenance grants, subiect to payment of quit rent and also to resumption on extinction ot any heii in the male line. The estate was in charge of officials under the Chota Nagpur Encumbered Estates Act from March 1932 until it was released in October, 1945 The estates vested in the State of Bihar under tht Bihar Land Reforms Act, 1950 , in pursuance of a notification dated 5-11-1951. although on account of some litigation it came into the possession of the State Government sometime later.

2. The father of the defendant respondent No. 1 was the younger brother of Rudra Pratap Deo and he had been given some maintenance grant Rudra Pratap transferred his interest in eight villages as maintenance grant to the defendant under an unstamped and unregistered document dated 14-4-1952 It included eight villages, in