JUDGMENT

1. In Appeals Nos. 120 and 183 of 1911.

2. The two suits out of which these two appeals arise (Suits Nos. 331 and 932 of 1909) relate to 650 bighas of coal lands in Mouza Barora appertaining to Pergannah Nawagarh, Kismat No. 3. The zemindari Nawagarh, Kismat No. 3, belongs to Giridhari Singh Thakur, defendant No. 5, he having succeeded to that estate vas the eldest son of Joy Nandan Singh Thakur. It appears that many years ago Pergannah 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 zemindars. The family is governed by the Mitkashara School of Hindu Law. 8 annas of Mouza Barora was vested in Chhatradhari Singh, Nagar Singh, Dukhit Singh and Amrita Kumari as kho poshdars. What their precise interests in the land were, we will discuss later. By a mourusi mokarari patta, dated 23rd March 1895, these four persons settled the sub-soil rights in 500 bighas of land comprised in the 8 annas share of Mouza Barora with Surendra Mohan Ghose, defendant No. 1, and by a