Viscount Dunedin. -

This is a case in which one Rameswar Bazaz sues Rani Shyama Sundari Debi for breach of contract. The Rani was in possession under a putni of certain brahmottar lands which were understood to contain valuable minerals. She had no decree of a Court affirming her right to these minerals. The minerals could belong to either the Rajah of Cossipore or Pachete, from whose estate the brahmottar lands had originally been taken, or to the Crown. But she might assert a title to the minerals. The plaintiff-appellant is in the coal business and was wishful to obtain the right to work this field. Ac cordingly, on 30th March 1918, he sent to the Rani a letter of offer. It is un necessary to quote the letter at length. It is enough to say that it offered to pay an earnest of Rs. 1,201, for a prospecting lease, and the result of prospecting being satisfactory to take a lease on terms of a certain further earnest and a royalty on minerals mined at certain rates, with right to use the surface on certain fur ther payments for the extraction of the mineral. Rs. 200 per biga was to be paid for damage to cultivated property. There was also the following clause :

"If ever any dispute ov