Lord Moulton :-

In their suit Debendra Nath Ghosh, Nagendra Nath Ghosh and Gatindra Nath Ghosh, the appellants sue the New Tetturya Goal Company Limited, the respondents, for an alleged encroachment on the lands under which the defendants have the rights of raining the coal and for removing coal therefrom. The amount of the damages for the alleged trespass is not before the Board, and the position of the defendants' underground workings is not in dispute, so that the sole question is as to the boundary line between the coal lands held by the plaintiffs and those held by the defendants.

The titles of the plaintiffs and of the defendants to their respective areas are derived from Gobardhan Pandey and others (hereinafter referred to as the Pandeys) who were the owners of the surface and subsoil rights in Mouza Pettura in the district of Manbhum. By a mokurari pattah, dated the 28th January, 1895, the Pandeys leased the minerals under a plot of land in the above named Mouza, containing 212 bighas to Nobin Chandra Pal and Krishna Behari Sen. This plot was carefully described in the schedule to the Pottah and marked on a plan annexed thereto and there is no dispute as to the identificatio