Judgement

Appeal from a judgment and decree of the High Court (February 22, 1916) reversing a decree of the Subordinate Judge of Peerulia.

The appellant sued the respondents to recover royalties under two mining leases; the respondents pleaded that the leases had been determined.

The material terms of the leases and the relevant facts appear from the judgment of their Lordships.

The Subordinate Judge made a decree for the amount claimed; that decree was set aside by the High Court.

1918. June 21, 24. Upjohn K.C., De Gruyther K.C., and Parikh for the appellant. Upon the true construction of the leases notice could only be given under clause 9 to expire at the end of a year or half-year. In Bridges v. Pott (( 1864) 17 C. B. (N.S.) 314.), relied on in the High Court, the document was an executory agreement, and its terms materially differed from those of the leases. Further, it was a condition precedent to a surrender under the clause that the sum due should be paid on or before the expiration of the notice Grey v. Friar. (( 1854) 4 H. L. C. 565.) The operation of the notice was not merely postponed until payment. The facts do not show a waiver ; the appellants manager had no authorit