Judgement

Appeal (No. 51 of 1927) from a decree of the High Court (February 26, 1925) reversing a decree of the Subordinate Judge of Murshidabad.

The appellant claimed in a suit to restrain the respondents, assignees of and sub-lessees from persons to whom his predecessor had granted a patni lease, from excavating the land for the purposes of making bricks.

21 Law Rep. 55 Ind. App. 320 ( 1927- 1928) Bejoy Singh Dudhoria V. Surendra Narayan Singh

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The terms of the patni lease, dated July 18, 1853, appear from the judgment of the Judicial Committee.

The trial judge granted an injunction, but gave only Rs.10 damages.

Both parties appealed to the High Court, which allowed the appeal of the defendants and dismissed the suit.

Walmsley J. held, first, that the plaintiff could not complain unless the use made of the land either threatened the destruction of the property or endangered the rent, and in the present case neither of these risks was present. He referred to Barada Prasad Banerjee v. Bhupendra Nath Mukherjee. (( 1923) I. L. R. 50 C. 694.) The relation between a zamindar and patnidar was very different from that between an English owner and his lessee. Secondly, that in the abse