Lord Parmoor:-

The only question raised in this appeal is whether, under the terms of a Kabuliyat, the respondent is entitled to an enhanced rate of royalty from the appellant. The respondent is the Raja of Jherria, and the village of Ekra is a portion of his estate. His predecessor-in-title, on the 20th October, 1898, granted the underground and coal-mining rights in the village, of Ekra to the appellant. At that date the only railway communication with the district was afforded by the line of the East Indian Railway Company, but a new route to Calcutta to be constructed by the Bengal-Nagpur- Railway Company, was under consideration.

The first clause of the said Kabuliyat, which fixed the royalty to be paid, was translated by the Subordinate Judge as follows :-

"The royalty payable would be 3 annas per ton of steam coal, steam rubble, hard and soft coke and 1 anna 6 pies per ton of brick burning rubble and dust raised and despatched or sold by me: Be it understood that in respect of all coals despatched by the East Indian Railway Company royalty would be paid at the present fixed rates, but if, in future, the Bengal-Nagpur Railway being constructed the freight on coal is reduced by 2