Judgment

Patanjali Sastri, J. :- This appeal arises out of a suit brought by the respondent in the Court of the subordinate Judge, Dhanbad for recovery of arrears of royalty and cess from the appellant and another alleged to be due under a compromise decree passed on 6-3-1923 in a previous suit between the predecessors-in-interest of the parties. The only plea which is material for the purpose of this appeal is that the compromise decree not having been registered was inadmissible in evidence. The Courts below held that the document did not require registration and gave effect to its terms in decreeing the suit. Defendant 9 has preferred this appeal.

2. The facts are not now in dispute and may be briefly stated. On 11-3-1921 one Kumar Krishna Prasad Singh (hereinafter referred to as Kumar) granted a permanent lease of the right to the underground coal in 5800 bighas of land belonging to him to Shibsaran Singh and Sitaram Singh (hereinafter referred to as the Singhs) by a registered patta stipulating for a Salami of Rs. 8000 and royalty at the rate of 2 As. per ton of coal raised subject to a minimum of Rs.8000 and far certain other cesses and interest. On 7-6-1921, Kumar executed a