Judgement

Consolidated Appeals (No. 35 of 1936) from a decree of the High Court (July 20, 1934) reversing a decree of the Subordinate Judge of Asansol (December 23, 1929).

In the action out of which these consolidated appeals arose the appellant Kumar Raj Krishna Prosad Lal Singha Deo claimed arrears of rent and royalties due on coal raised during the year ending October 17, 1927, from the Monoharbahal Colliery under the terms of a lease dated January 25, 1912. The lease was granted by the Raja of Panchkote, the father of the plaintiff, and the latter claimed the royalties by virtue of a korposh deed of September 29, 1926, which vested the landlords reversion in him. The first defendants, the Baraboni Coal Concern, Ld., were sued as assignees of the term of the lease, their assignment from the original lessee, who was not impleaded, being by deed dated February 14, 1914. The other defendants, Chandanmull Karnani and Chandanmull Indra Kumar, a firm, were sued as persons claiming to have purchased the right, title and interest of the first defendant company. The first defendants pleaded by their defence that the Raja had no title to the underground rights in Mousa Monoharbahal which