Judgement

Appeal (There was a consolidated cross-appeal by the Maharajah to which the Secretary of State for India and his co-defendants, the lessees from the Government, were respondents. The delivery of their Lordships’ judgment stood over after the argument pending negotiations between the parties to the cross-appeal. It became unnecessary in the result to determine the questions arising in the cross-appeal, and they are not dealt with in this report.) from a decree and judgment of the High Court (May 22, 1908) affirming a judgment and decree of the Subordinate Judge of Sylhet.

The facts and the decisions of the Courts in India, so far as they are material to this report, appear from the judgment of their Lordships.

1914. March 23, 24, 25, 26. Sir Erle Richards, K.C., and Dunne, for the appellant.

De Gruyther, K.C., and Parikh, for the respondent.

With regard to the Waste Lands Act, 1863, reference was made to ss. 5, 7, and 18 of the Act, and to Kristo Chunder Dass v. Steel. (( 1888) I. L. R. 12 Calc. 279.) The following were referred to on the question of possessory title — Radhamoni Dasi v. Collector of Khulna (( 1899) L. R. 27 Ind. Ap. 136.); Mohimi Rohan Roy v. Promoda Nath