TARA PRASANNA SINGH Vs. RANJIT LAL MANDAL

JUDGEMENT

(1.) The suit out of which this appeal arises was commenced in the year 1908. The plaintiffs as darpatnidars instituted this suit against the zemindars, the patnidars and certain tenants, for a declaration that they were entitled to obtain settlement of certain lands as being chaukidar chakran lands included within their darpatni mehals and for recovery of khas possession and wasilat on the ground that the said lands having been resumed by the Collector and assessed to rent had been settled with the zemindar who had. wrongfully granted settlement thereof to the said" tenants. The zemindar was the defendant No. 1, the tenants defendants Nos. 2 to 18 and the patnidars defendants Nos. 19 to 64 in the suit.

(2.) The Subordinate Judge dismissed the suit in. its entirety. On appeal the District Judge made an order for remand, which, on a further appeal to this Court was varied, and the Subordinate Judge was directed to take evidence and record his findings on certain issues and send them up to the lower Appellate Court.

(3.) When the matter was pending before the Subordinate Judge a solenama was filed as between the plaintiffs and the defendant No. 1, whereby the plaintiffs darpatni right to the lands and their right to khas possession was admitted and the plaintiffs gave up their claim to wasilat and costs as against him and also as against those tenant defendants who would not contest their claim. It is unnecessary to refer to the other terms of the solenama.