JAGAT NARAYAN, C.J.—This is an appeal by the State against a decree of the Senior Civil Judge No. 2, Jaipur City, in a suit for recovery of money instituted by Rao Dhir Singh, respondent.

2. Rao Pratap Singh, the grand-father of the plaintiff, was the Jagirdar of Shahpura Thikana. Village Misria was and 100 Bighas of land in village Locha-ka-bas were granted to one Jai Narain Misra as Muafi Jai Narain died in 1932 and on 22-6-32 his adopted son Badri Prasad Misra, respondent No. 2, applied for Matmi to the then State of Jaipur. On 23-6-32 the land granted to Jai Narain Misra was attached pending Matmi. Rao Pratap Singh filed an objection that the Muafi grant had been made by his Thikana and he alone had a right to sanction Matmi. This objection was rejected and Muafi was sanctioned in favour of Badri Prasad. Rao Pratap Singh filed an appeal to the Council of the State which was dismissed on 22 2 36 and Matmi was finally sanctioned in favour of Badri Prasad. Rao Pratap Singh then raised a dispute about the boundaries of Misriawas. This was decided by the Deputy Commissioner, Jhunjhunu on 25-6-46.

3. In 1942 Rao Pratap Singh died and was succeeded by his grand-son Rao Dhir Singh, who w

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