JUDGMENT

Mallik, J. - This appeal arises out of a suit for a declaration that the order of the Collector of Backerganj, dated 1st November 1920, for refund of a certain amount of money deposited by the defendants as costs of the separation and partition of certain estates, is without jurisdiction, illegal and invalid and, therefore, liable to be set aside and also for the issue of a permanent injunction restraining the said defendants from withdrawing the money from the Backerganj Collectorate.

2. The allegations on which the plaintiffs brought the suit were briefly these : 5 estates, bearing touzi Nos. 1744, 1751, 3563, 5566, 6100 of the Backerganj Collectorate, originally belonged to two brothers, Radhakanta Sen and Krishnaram Sen. These estates have common lands. Radhakanta's share is known as 'Barha Hisya' and it comprises estates Nos. 1751, 3566 and eight annas of 6100, while the share of Krishnaram comprises estates Nos. 1744, 3563 and the remaining half of the estate No. 6100. Defendants 1, 5 and the predecessor of defendants 2 to 4 purchased the estate No. 1744 at a revenue sale. The plaintiffs, who became the owners of the 'Barha Hisya' of Radhakanta applied to the Collector