Judgement

Appeal (No. 25 of 1928) from a decree of the High Court in its appellate jurisdiction (January 18, 1927) reversing a decree of the Court in its original jurisdiction.

The appellant, who had leased to the respondents three oil sites, brought against them in the High Court a suit claiming compensation for natural gas which the respondents had obtained from one of the sites and had used for their own purposes.

The facts appear from the judgment of the Judicial Committee.

By the lease dated June 5, 1918, the appellant leased to the respondents "his oil well sites, Nos. 3993, 3978, 3995, and the right to win oil therefrom for a period of 25 years from date hereof,” and agree that during the lease they should have possession of the said oil sites. The lessor covenanted as to the validity and maintenance of the Government grants of the right to win oil; and the lessees agreed to begin to drill in six months, but they were to be sole judges whether the quantity of oil produced rendered the continuance of work advisable. The lessees agreed to pay royalty at the rate of 8 annas for every 100 viss of oil produced by them from the sites. The lessor agreed to allow the lessees, their