RAI SAHIB THAKUR SOHAN SINGH JANGPANGI AND ORS. Vs. KUNWAR TIKENDRA BAHADUR PAL MINOR THROUGH GUARDIAN, COURTS OF WARDS

JUDGEMENT

(1.) This is a Plaintiffs' appeal against a decree passed by the learned Additional Civil Judge of Almora dismissing the Plaintiffs' suit for a declaration that "Mauza Bangpani, Patti Malla Askot, is a Pakka Khaikari village of the Plaintiffs and that they have been wrongly recorded as Kachcha Khaikars in the revenue papers during the settlement of 1940 -41 by the mistake of the Settlement Officer."

(2.) The facts, so far as they could be ascertained from the papers on the record, are that there was a village Juma which was the Asal Mauza. Jalajibli was the Lagga of this village and there were in it three Thoks, Bangpani, Bans Bagar and Mori Bagar. All this property had been given by the British Government to the Rajwarhs of Askot as their zamindari.

(3.) On Appeal 7, 1865, the Rajwarhs of Askot executed a Tasallinama in favour of one Dhanu, the ancestor of the Plaintiffs, to cultivate the irrigated land in Bangpani on the following terms: