Judgement

Appeal from a judgment and decree of the High Court in its appellate jurisdiction (July 31, 1919) affirming a decree of the Court in its original civil jurisdiction.

The suit was instituted by the respondents in the High Court in the circumstances stated in the judgment of the Judicial Committee. The plaint prayed for a declaration that there was a contract binding on the defendants (the present appellants) in the terms of the letter of September 12, 1917 (referred to in the judgment), for declarations giving effect to that contract in the land acquisition proceedings, and for further relief.

The suit was tried by Macleod J. who found that there was a concluded and valid agreement between the parties, and declared substantially as prayed.

The appeal was heard by Martin and Heaton JJ. and was dismissed. The terms of the decree however were slightly modified and as varied declared as follows " That upon the true construction of the said agreement and as between the parties thereto (a) the defendants are not entitled to claim in the proceedings before the Collector under the Land Acquisition Act any sum for compensation other than

Law Rep. 49 Ind. App. 331 ( 1921- 1922) Fort