Judgement

Appeal (No. 87 of 1923) from a decree of the High Court (January 17, 1921) affirming a decree of the Subordinate Judge of Nadia.

Law. Rep. 51 Ind. App. 293 ( 1923- 1924) Midnapur Zamindary C ompany, Limited V. Naresh Narayan Roy 84

The suit was brought by the first respondent on August 8, 1912, for partition of certain char lands in which he and the appellant company were co-sharers, for a declaration that the company had no jote right (as they claimed) in the lands, for possession and other relief.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree substantially as prayed ; on appeal that decree was affirmed by the High Court (Woodroffe and Walmsley JJ.).

1924. March 17, 18. De Gruyther K.C. and Kenworthy Brown for the appellants.

Dunne K.C. and Wallach for the first respondents.

April 7. The judgment of their Lordships was delivered by

SIR JOHN EDGE. This is an appeal by the defendants, the Midnapur Zamindary Co., Ld., which will be hereafter referred to as the Midnapur Company, against a decree, dated January 17, 1921, of the High Court at Calcutta, which affirmed a decree, dated August 19, 1915, of the Subordinate Judge o