KAMAKHYA NARAIN SINGH Vs. HARKHU SINGH

JUDGEMENT

(1.) This is a plaintiff's second appeal instituted in a suit for declaration of title to and recovery of possession of 22.36 acres of zirat lands on setting aside settlement thereof with the defendant respondent by the Court of Wards. The plaintiff's estate was under the management of the latter from 1918 to 1937. The impugned settlement was effected by the Manager, Court of Wards in the year 1923. The plaintiff on attainment of majority and his assumption of the management of the estate has brought this suit within three years. Thus the suit is in time. The plaintiff's attack on the settlement is based on the grounds, inter alia, that the settlement was prejudicial to the interest of the ward's estate, and that the manager in effecting the settlement exceeded the limits of his power. The defence, on the other hand, is that the settlement was effected by way of the bona fide settlement of a dispute between the estate and the defendant, in consideration of the defendants's surrender of his mokarrari rights to the estate. Hence, he claimed occupancy right in the lands and advanced plea of estoppel against the plaintiff grounded on his subsequent ratification of the settlement and recognition of the holding. The other contentions raised in the defence were not pressed in the Courts below and have not been taken up in this Court.

(2.) Before the trial Court, there was an issue of limitation; that too has since been abandoned. The material issues on which the parties went to trial were: 2. Is the settlement of the suit land with the defendant valid, legal and binding on the plaintiff?

(3.) Has the defendant acquired occupancy right in the suit land? If so, can he be ejected?