Judgement

Appeal (No. 30 of 1927) from a decree of the High Court (December 22, 1925), affirming, subject to a modification, a decree of the Subordinate Judge of Purulia (November 26, 1921).

On June 26, 1920, parties represented by respondents Nos. 1 to 4 brought a suit against the appellant and two other defendants, for an injunction and for damages in respect of coal extracted from lands of which the plaintiffs were lessees and under-lessees. They alleged that they first knew of the encroachments in June, 1919. The present appellant was defendant No. 3. The coal had been extracted by defendants Nos. 1 and 2 by encroachments from lands held by defendant No. 1 from defendant No. 3 as under lessee of the whole of his lessee interest, and under-leased to defendant No.

2.

The defendants in addition to other defences pleaded limitation.

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

The trial judge granted an injunction and decreed damages against the three defendants.

The present appellant alone appealed to the High Court, which affirmed the decree subject to a modification in the damages awarded. The learned judges (Adami and Sahey JJ.) rejected the plea of lim