Radha Prasad Singh vs Ram Prasad Rai and Others

Mahmood, J.—The learned Chief Justice has asked me to explain the simple reasons for which we agree in thinking that this appeal should be decreed. The land to which the appeal relates is admitted to be alluvial land, to which the present appellants-judgment-debtors acquired a title by owning a riparian village, admitted to be ancestral property. The only question is, whether the ownership of the land so acquired rests upon a title other than that upon which the original village was held. Under such conditions, however, there can be no two titles; and, as the riparian village was ancestral, the other property must be ancestral too. This decision comes within several rulings of the Privy Council, to which I need not more particularly refer.

The appeal must be decreed with costs, and the Judge must deal with the property as ancestral property, with reference to Section 320 of the Civil Procedure Code.