NARSANGJI MEHRAMANSANGJI Vs. BAI ACHRAT

JUDGEMENT

(1.) This has been rather an unfortunate litigation as it commenced in 1914, and in 1924 we are hearing this appeal from an order remanding the suit for retrial on the merits.

(2.) The plaintiffs claimed to be the owners of certain lands described in the schedule to the plaint as belonging to the estate of Kankapura while the defendants who represent the estate of Dehvan contended that the suit was not maintainable as the Assistant Survey Settlement Officer had decided the questions, and that the lands belonged to the Dehvan estate. On these pleadings two issues were framed in the trial Court:- (1) Is the suit for alteration of the decision of the Assistant Survey Settlement Officer as regards Dehvan and Kankapura unmaintainable?

(3.) The finding was that it was not maintainable. (4) Do the lands described in Schedule A annexed to the plaint form part of the village of Kankapura and as such belong to the plaintiffs?