Judgement

Consolidated Appeals from two decrees of the High Court (April 16, 1916), the first affirming a decree, and the second varying a decree, of Davar J. (October 15, 1914).

The consolidated appeals were in two suits in the High Court arising out of the rebuilding of the appellants premises at the corner of Princess Street and Kalbadevi Road, in the city of Bombay. Upon the rebuilding the premises had been set forward in Princess Street and set back in Kalbadevi Road so as to conform with the building lines, and as provided by an order made by the Municipal Commissioner under ss. 298 and 300 of the City of Bombay Municipal Act, 1888.

The first suit was instituted by the mother and guardian of the appellant, who was a minor at that time, against the respondent the Municipal Commissioner to recover compensation in respect of the strip of land covered by the original premises in Kalbadevi Road in front of the building line.

The second suit was instituted by the respondents the Trustees for the Improvement of the City of Bombay against the appellant. The trustees alleged that the land in Princess Street over which the premises had been erected upon the rebuilding wa« their propert