KAMAKSHYA NARAIN SINGH Vs. KHEYA MIAN

JUDGEMENT

(1.) This is a plaintiff's second appeal from the concurrent decisions of the Courts below dismissing his suit in ejectment.

(2.) It appears that the appellant, who is the proprietor of the Ramgarh Estate, came to manage his own estate sometime in year 1937, after the estate had been released by the Court of Wards which held possession of the estate for more than twelve years, before the proprietor himself assumed management of the estate on attainment of majority During the management of the estate by the Court of Wards, sometime in the year 1923, the Manager, Court of Wards, made 7.01 acres of land at an annual rent of Rs. 8-4. The lands thus settled comprised an area of 5.13 acres in khata ho. 3 which is recorded in the finally published record-of rights as proprietor's privileged land (zirat proprietor) as also of lands in khata No. 4 recorded as bakasht in the same record. The holding was purchased by the defendant in execution of a certificate obtained by the Manager, Court of Wards, for arrears of rent from the original tenant. The suit was instituted by the proprietor for ejectment on the ground that the settlement was ultra vires of the Manager.

(3.) The Court of first instance took the view that the settlement was ultra vires of the Manager in respect of the zirat portion of the lands in question but not so in respect of the bakasht portion; but the learned Munsif dismissed the suit on the ground that the suit was barred by limitation so far as the zirat portion was concerned in view of the provisions of Section 17, Chota Nagpur Tenancy Act.