PRAMOD RAM Vs. JIWALAL RAM

JUDGEMENT

(1.) Defendants are appellants. Plaintiffs filed suit for declaration of title as occupancy raiyat over, the suit land, detailed in Schedule C to the plaint and for confirmation of possession or in alternative, for recovery of possession, if found dispossessed during pendency of the suit.

(2.) ACCORDING to plaintiffs, Gadi Serampore was an impartable revenue paying estate, bearing Tauzi No. 10, within Collectorate of Hazaribagh, now within Giridih district. The estate was being governed by law of primogeniture wherein eldest in the male descendant of the eldest branch used to succeed to the gaddi and youngers used to get khorposh grant (maintenance) resumable on extinction of male line.

(3.) ON the death of Dubraj Singh, his grandson, Garur Narain Singh succeeded to the estate, as his son, Pratap Singh had already predeceased him. Ajit Singh died issueless and Bharat Singh was granted certain khorposh rights, with respect to certain villages, including village Chaura. After death of Bharat Singh his khorposh tenure was succeeded by his two sons, Nilkanth Narain Singh and Hari Prasad Singh. During proprietorship of Sarda Narain Singh, the proprietary estate was placed under administration of the Court of wards.