Judgement

Appeal (No. 56 of 1934) from a decree of the High Court (April 10, 1930) affirming a decree of the District Judge of Ahmedabad (April 29, 1926), which reversed the decree of the Joint Subordinate Judge of Ahmedabad (November 30, 1925).

The question in this appeal was whether the respondent cotton mill company were entitled to the use of a railway siding running from the Bombay Baroda and Central India Railway to the respondents property across the adjoining property of the appellant cotton mill company.

The respondent company alleged (inter alia) that on the facts of the case there was an implied grant to them of the use of the portion of the siding passing through the appellants land, and that the appellant company were estopped from contesting the grant in view of the fact that the respondent company had spent a large amount of money in the construction and maintenance of the portion of the siding on their own land.

The facts appear fully from the judgment of the Judicial Committee.

The Joint Subordinate Judge dismissed the suit upon the ground that the respondent company had laid their case as one of co-ownership of the siding, and that effect could not be given to any