Judgement

Appeal (No. 101 of 1926) from a decree of the High Court (June 11, 1925) reversing a decree of the Special Subordinate Judge of Daltonganj (July 21, 1921).

The suit was brought in 1919 by the proprietor of the Bisrampur estate in the district of Palamau, who

3 Law Rep. 58 Ind. App. 29 ( 1930- 1931) Nageshwar Bux Roy V. Bengal C oal C ompany, Limited

174

had since died and was represented by the appellant as manager of the encumbered estate on behalf of his son, against the respondents, for a declaration of title to the coal under the village of Rajhara in that estate. The respondent coal company by their written statements claimed in effect that they and their co-defendants were proprietors both of the surface and underground rights in the village; further, that the suit was barred by limitation.

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

The High Court (Das and Adami JJ.), reversing the trial judge, dismissed the suit, holding that it was barred by limitation. Other points arose in the case, but they are not material to the present report.

1930. July 18, 22, 24, 25. Upjohn K.C., E. B. Raikes K.C. and Jardine for the appellant. The High Court w