JUDGMENT

W. Comer Petheram, C.J. and Ghose, J. - This appeal arises out of a suit instituted by five individuals, Roy Dhunput Singh Bahadur, Roy Boodh Singh Bahadur, Roy Budri Das Bahadur, Babu Hira Lal Johury and Babu Surbosukh Kootari, on behalf of the Jain Sitcumbary Society, against Rajah Paresh Nath Singh and Mr. R. H. Boddam.

2. The case made in the plaint is, that the Jains following the Situmbary faith from a very ancient time, held under the Mahomedan Government, and still hold, exclusive possession of the Paresh Nath hill and the plain below, in the district of Hazaribagh; that they used the said hill as a place of worship, devotion, and pilgrimage, and have constructed buildings and set up thakurs at their own cost. The plaint then goes on to refer to certain suits and proceedings in Courts between the Jains and the Rajah defendant, which will be noticed later on in detail, as also to an agreement by way of amicable settlement, which was entered into between the parties on the 19th May 1892; [1872?] and to a further agreement on the 21st September 1878, confirming and ratifying the agreement of May 1872, and it (the plaint) then states that on the 14th October 1876, the Ra