RAMLAL GANJHEE Vs. LODHA MUNDA

JUDGEMENT

(1.) This is an appeal by the defendants 1-7 in a suit brought by the plaintiffs for a declaration that the plaintiffs and defendant No. 10 have the right to rear and appropriate lac from one half of the lac bearing trees standing on the jungle plots in village Jam, district Ranchi, bearing C. S., Nos. 1, 51, 63, 231, 32, 98 and 142 and for permanent injunction restraining the defendants 1-9 from obstructing the plaintiffs and defendant No. 10 in the exercise of their said right.

(2.) The jungle plots in question are recorded in the survey as gair-niazrua-malik. The defendants 1-7 are the landlords of the village Jam and defendants 8 and 9 are said to have acquired interest therein by virtue of transfers from defendants 1-7.

(3.) The plaintiffs' case briefly is that their ancestors as well as the ancestor of defendant No. 10 had the right to rear and appropriate lac from one half of the lac-bearing trees in the aforesaid jungle plots and this right was exercised by them from time immemorial and that the plaintiffs and defendant No. 10 have been similarly enjoying that right, but on the 30th September, 1945, defendants 1-7 denied their right. The suit was instituted on 4th October, 1945.