Judgement

Consolidated Appeal and Cross-appeal (No. 6 of 1934) from two decrees of the High Court (May 31, 1931) affirming, subject to a modification, a decree of the Subordinate Judge of Dhanbad (July 30, 1927).

The consolidated appeal arose out of a suit in which the above named respondent to the first appeal was plaintiff, and parties represented by the appellants in the first appeal were defendants. The suit was to recover damages in respect of coal alleged to have been removed from a mine of which the

Law Rep. 62 Ind. App. 40 ( 1934- 1935) Maharaja Srischandra Nandy V. Baijnath Jugal Kishore

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plaintiff had a sub-lease, by the defendants, who worked an adjoining mine, and for other relief. The defendants denied the alleged facts and relied on the Indian Limitation Act.

An appeal and cross-appeal from the decree of the trial judge for damages and other relief were both dismissed by the High Court (Wort and Fazl Ali JJ.) subject to a modification as to the amount of damages.

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

1934. Nov. 2, 19, 20, 22. Dunne K.C. and Wallach for defendants Nos. 1 and 3.

Sir Dawson Miller K.C. and Pringle for the plaintiff.

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