Wadsworth, J.

1. The appellant who was the defendant in trial Court is an arehaka in possession of lands alleged to belong to a temple in a village situated within the Ami estate. On 27th January 1932 the Court of Wards which was then in charge of the estate dismissed the defendant from his office of arehaka on the ground that he had failed to render service and had failed to give any explanation to the charges connected with his default. After the dismissal the suit was filed by the Jagirdar represented by his next friend the manager of the estate under the Court of Wards as trustee of the temple to recover possession of the lands connected with the arehaka service. Certain dates are of importance. The late jagirdar of Arni died on 25th June 1931. The order of dismissal of the defendant was passed on 27th January 1932. The suit was filed on 22nd April 1932; and on 23rd November 1932 after the suit had been filed but before it was decreed there was a notification making the new jagirdar a ward under the Court. It is common ground that in the interim between the death of the old jagirdar and this notification the Court of Wards continued in charge of the estate. In the trial