JUDGEMENT

Consolidated Appeals (No. 73 of 1935) from three decrees of the High Court (one of April 10, 1934, and two of July 19, 1934) affirming three decrees of the High Court in its original civil jurisdiction (April 18, 1932).

On August 30, 1916, four persons, including the appellant, Sarat Chandra Basu, executed a kabuliyat in favour of the respondent, the Maharajadhiraj Bahadur of Burdwan, by which they obtained the lease of underground coal rights in certain villages belonging to the respondent, and agreed to pay him certain royalties and commission on the coal extracted. The signature of the appellant to the kabuliyat was " Sri Sarat Chandra Basu, by the pen of Sri Natobar . Mukhopadhya " so signed pursuant to a power of attorney given by the appellant to Natobar.

The actions were brought by the respondent for money alleged to be due to him under the contract. The appellant pleaded that the kabuliyat was neither executed nor registered by him or by any person authorized by him to act on his behalf, and that he was not therefore bound by the covenants contained therein. He alleged that the power of attorney was not authenticated as required by law; and that it did not authori