- (1.) THIS is a plaintiffs' appeal against a decree passed by the learned Additional Civil Judge of almora dismissing the plaintiffs' suit for a declaration that "mauza Bangpani, Patti Malla Askot, is a Pakka Khaikari village of the plaintiffs and that they have been wrongly recorded as kachcha Khaikars in the revenue papers during the settlement of 1940-41 by the mistake of the settlement Officer. "
(2.) THE facts, so far as they could be ascertained from the papers on the record, are that there was a village Juma which was the Asal Mauza. Jalajibli was the Lagga of this village and there were in it three Thoks, Bangpani, Bans Bagar and Mori Bagar. All this property had been given by the british Government to the Rajwarhs of Askot as their zamindari.
(3.) ON 7-4-1865, the Rajwarhs of Askot execute ed a Tasallinama in favour of one Dhanu, the ancestor of the plaintiffs, to cultivate the irrigated land in Bangpani on the following terms: "as you reside within our 'ilaqa', and as regards bringing under cultivation the waste land along the bank of Gori Ganga, you should first bring under cultivation the 'sera (irrigated land) of bangpani. . . . . You should pay the revenue and 'malikana' dues according to the rates prescribed in the recent settlement, and remain there in the capacity of a Khaikar. Without raising any objection, you should supply us, the Zamindars of Taluqa Askot, whether good or bad or rich, coolie, godam, etc. You should bring tenants from other 'ilaqas and cultivate that land, i. e. , bangpani, Bans Bagar and Mori Bagar. You should not instigate the cultivators of our 'ilaqa'. Besides this, you should extend the cultivation from the upper side to the lower side. You shall cultivate the land as mentioned by us. You shall abide by the conditions laid down above. If you go in any way against the above mentioned conditions and behave dishonestly in any way towards us, it shall be dispossessed without raising any objection from the above mentioned land lying within Askot. ";