JUDGMENT

1. This appeal arises out of a suit (Suit. No. 81 of 1915) which was one for declaration that the lands in dispute, 784 acres, which Government formed into a Deara Estate No. 1503 with a revenue of Rs. 5,681--was part of the plaintiffs. permanently settled estate Char Aiokdia, Touzi No. 1071 (present Touzi No. 174) held at a fixed revenue, that Government had no right to assess the lands in disputes with revenue and for other reliefs. The disputed lands are shown in the case map in two blocks, the northern is called Ka and the southern Kha, both being coloured yellow. The proceedings which immediately led up to the institution of the present suit are the following.

2. The Assistant Deara Survey Superintendent found that certain newly formed lands Were not included in the settlement of the estate Alokdia which was sold in 1863 to the predecessor-in-title of the plaintiffs. The plaintiffs objected to the Deara proceedings, but those objections were rejected and the proceedings were forwarded to the Board of Revenue for sanction. They were accordingly sanctioned by the Board of Revenue, and a settlement of the lauds for 12 years was made from the 1st April 1914 to 31st March 19