Judgement

Consolidated Cross-Appeals (No. 21 of 1931) from a decree of the High Court (August 23, 1929) varying a decree of the Additional Subordinate Judge of Asansol (October 12. 1928).

The suit was instituted by L. A. Creet, the effective respondent to the first appeal and appellant in the cross-appeal, claiming khas possession of certain mining properties, an account in respect of coal extracted, damages, and other relief. Currimbhoy & Co., Ld., the appellants in the first appeal, were joined subsequently as defendants No. 3 ; they were assignees from the original defendants, a company which afterwards went into liquidation. The liquidator was joined as a party to the appeal, but did not appear.

The facts appear from the judgment of the Judicial Committee and more fully from a report of the proceedings in the High Court at I. L. R. 57 C. 170.

The judgment of the High Court, delivered by C. C. Ghose J. and concurred in by Page J., varied the judgment of the trial judge. The effect of the judgments at the trial and on appeal appear from the judgment here reported.

1932. Oct. 13, 14, 17, 18, 20, 21, 24, 25, 27. Upjohn K.C., De Gruyther K.C., and Parikh for the defendants No. 3.

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