RAM RANJAN CHUCKERBUTTY Vs. RAM NARAIN SINGH

JUDGEMENT

(1.) THE Appellant in this ex parte, ease, in which two appeals have been consolidated, is the Rajah of Hetampore in Zillah Birbhoom and the zemindar of a talook in the Sonthal Pergunnahs called Koroya, within which are comprised the seven mouzahs now in suit, of which the six mouzahs embraced in the first suit, and the seventh, called Dumdumi, the subject of the second suit, form a subordinate talook or estate known as Sitamarhi.

(2.) THE Appellant was Plaintiff in both suits, which were instituted on the 20th of December, 1884, against the respective Respondents in the First Court, which was that of the Sub-Divisional Officer of Jamtara. Both suits were, after a remand by the Deputy Commissioner of the Sonthal Pergunnahs, dismissed by the First Court on the 17th of August, 1889, and on the Appellant's appeals in both suits to the Court of the Deputy Commissioner those appeals were dismissed on the 19th of December, 1889, and his second appeals from the judgments and decrees of the Deputy Commissioner's Court were again dismissed by the High Court at Calcutta on the 9th of February, 1891.

(3.) THE Settlement Officer, finding that the Respondents were in possession, and that they had been so for a long period of time, made the settlement with them on the 16th of December, 1875, and referred the Appellant to a regular suit to try the question of right; and about nine years thereafter the present suits were instituted, in which the Appellant seeks to have it declared that the Respondents hare no such rights, mokurruri or dur-mokurruri, as they maintain, and to have possession given to him.