Viscount Haldane:-

In this litigation the High Court at Fort William, as the Court of Appeal, reversed a judgment and decree of the Subordinate Judge, Third Court, 24 Parganahs. The appel lants had brought a suit in the latter Court for a declaration that a forfeiture by the Government of a certain lease and agreement was invalid and that they, as plaintiffs, were entitled to possession of the land, the subject of the lease.

The learned Subordinate Judge de cided in favour of the plaintiffs, but the High Court allowed an appeal from his decision and dismissed the suit. The present appeal is brought by the plaintiffs, and it seeks to have the decision of the learned Judge of first instance restored.

The only question now relevant for de termination is whether the resumption by the Government in 1906 of Crown land in the Sunderbans, originally leased on the 7th December, 1900, and a subsequent pottah by the Government, dated the 27th July, 1909, in favour of the respondent, Rudra Narayan Jana, were validly made.

The only material facts are not numer ous. A lot called Monsadwip in Saugor Island, Sunderbans, was put up to auction by the Government for settlement, and the highest bidder was