Judgement

Appeal (No. 103 of 1921) from a decree of the High Court (June 4, 1919) affirming a decree of the Subordinate Judge of Hazaribagh.

The suit was brought by the plaintiffs (now represented by the appellants), suing on their own behalf and on behalf of Digambari community of Jains, against the first respondent, the Raja of Palganj, and the manager of his estate appointed under the Chota Nagpur Encumbered Estates Act (VI. of 1876). The plaintiffs claimed specific performance of an agreement made in November, 1908, for the grant of a lease, and for other relief.

The first respondent by his written statement pleaded that the alleged agreement was incompetent, and that there was no concluded agreement fit to be specifically performed.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the suit. He was of opinion that there was a concluded agreement, but that it was inoperative since it was not made by the manager appointed under the Act.

Pending the appeal to the High Court certain other litigation had been compromised on the terms of the grant of a lease of the hill to the Sitambari community of Jains. The second respondent, representi