JUDGMENT

Nos. 120 and 183

1. The two suits out of which these two appeals arise (suits Nos. 331 and 332 of 1909) relate to 650 bighas of coal lands in Mauza Barora appertaining to Pargana Nawagarh, Kismat No. 2, the zamindari Nawagarh, Kismat No. 3, belonging to Giridhari Singh Thakur, Defendant No. 5, he having succeeded to that estate as the eldest son of Joy Nandan Singh Thakur. It appears that many years ago, Pargana Nawagarh was divided into four kismats, each of which formed a separate estate, and each of which appears to have descended, according to the rule of primogeniture, on the eldest sons. The accompanying genealogical table will show the relationships in the family of the zamindars. The family is governed by the Mitakshara School of Hindu Law. Eight annas of Mauza Barora was vested in Chhatradhari Singh, Nagar Singh, Dukhit Singh and Amrita Kumari as khorposhdars. What their precise interests in the land were, we will discuss later. By a maurasi mokurari patta, dated 23rd March 1895, these four persons settled the sub-soil rights in 500 bighas of laud comprised in the 8 annas share of Mauza Barora with Surendra Mohan Ghose, Defendant No. 1; and, by a similar patta of ev