Mahajan, J. - (1.) This appeal arises out of suit No. 9 of 1939 instituted in the Ct. of Subordinate Judge of Palamau by the applts. against the respts. for a number of declarations in respect to their title to certain lands and for an injunction restraining the respts. from proceeding with a rent suit. The suit was decreed by the Subordinate Judge but on appeal this decision was revsd. by the High Court of Judicature at Patna and the applts’. suit was dismissed.
(2.) The salient facts of the case are as follows: Village Darha belonged to a family of Pathaks as their ancestral lakhraj. Over a hundred years ago, the Pathaks granted the entire village in mokarrari to the ancestors of the family of Singhas (defts’. first and second parties) at an annual jama of Rs. 14. The mokarrari interest eventually devolved on three branches of the Singha family, each branch getting in the following proportions:Parameshwar Dayal and others, defts’. first party, to the extent of six annas; Bisheshwar Dayal Singh, defts’. second party, to the extent of eight anas; and Madhav Saran Singh, to the extant of two annas. Subsequently, the two anna share of Madho Saran Singh was purchased by Hiranand Jha, father of the pltfs. jointly with Durganand Jha and Dharam Dayal. Dharom Dayal was a mere benamidar for Hiranand Jha.
(3.) On 5-6-1916, Bisheshwar Dayal Singh purchased six anna share in the lakhraj interest from Deolal Pathak and others and on 9-2-1917 he purchased another two anna share from Mandil Pathak. By virtue of these purchases he came to own the lakharaj interest to the extent of eight anna share. He already held the mokarrari interest to the same extent which had devolved on him by inheritance.;