SIR RAMESHWAR SINGH Vs. BAJIT LAL PATHAK

JUDGEMENT

(1.) The question at issue in this suit is as to the ownership of some forty-four bighas eight kathas of agricultural land lying within the ambit of the mauza of Bela Pemo in the zemindari of the Maharajah of Darbhangha. The lands constitute the bulk of a single well-defined block of three jotes having a total area described throughout the proceedings as of fifty nine bighas and eight kathas, The remaining fifteen bigtias four kathas occupy a central position in the block, being Singh surrounded by the forty-four bighas. The whole area has been laimed by Bajit Lal Pathak, the first respondent. But it is his Claim to the forty-four bighas which is alone in question in this Lord suit. His claim to the fifteen bighas has been dealt with in a separate suit to which, with its result, reference will later on be made.

(2.) The history of the lands is voluminous; but as it has been detailed with much care and precision in the judgments below, it need not be again elaborated here.

(3.) The plaintiff's case and by the term "plaintiff" their Lordships when they use it will refer to the first respondent, who in all proceedings has been the real contestant on one side, just as when they use the term "defendant" they will refer to the first appellant, the Maharajah of Darbhangha, who has in all proceeding been the real contestant on the other side; the plaintiff's case has been that the lands formed three hereditary jotes held by his ancestors with occupancy rights and enjoyed by himself and his tenants until the time when, shortly before this action was brought, he was displaced from possession.