Judgement

Law Rep. 58 Ind. App. 392 ( 1930- 1931)

H. V. Low and C ompany, Limited V. Jyoti Prasad Singh Deo

185

Appeal (No. 8 of 1930) from a decree of the High Court in its appellate jurisdiction (December 13, 1929) reversing a decree of the Court in its original jurisdiction (February 12, 1929).

The appellants sued the respondent to recover a salami or premium paid by them in connection with a contract for the grant to them by the respondent of a lease of the underground coal rights in two mauzas within the respondents zamindari. The appellants contended that there was a “want of the lessors title," which under the contract entitled them to refuse the lease and recover the salami.

The facts are stated in the judgment of the Judicial Committee.

The trial judge (Page J.) decreed the suit. An appeal was allowed by a judgment delivered by Rankin

C. J. and concurred in by Buckland J. The appeal is reported at I. L. R. 57 C. 1189.

1931. June 22, 23, 25. E. B. Raikes K.C., M. B. Jardine and Harry Johnson for the appellants. A suit by the respondent for specific performance would have been dismissed under s. 25 (6) of the Specific Relief Act, 1877, upon it appearing that he could not giv