Lord Russell of Killowen.-

This is a consolidated appeal which involves the decision of a dispute which has arisen between the Maharaja of Chota Nagpur on the one hand and the Kumar, his younger brother, on the other hand; and it relates to the ownership of the mines and minerals under the Parganna Tori. The parties before their Lordships are, on the one hand as appellants, the Kumar and lessees of minerals claiming under him, and on the other, as respondents, the Maharaja and lessees of minerals claiming under him.

The questions for determination which have been argued before their Lordships are four in number : first, whether the Kumar acquired the rights in the mines and minerals under the Parganna Tori by virtue of a certain grant of 11th February 1867; secondly, whether assuming the grant did not include the minerals, he has got the minerals by virtue of an alleged custom; thirdly, whether the Maharaja, assuming both of those points failed, did not, by abandoning and relinquishing his claim to the mines and minerals in the year 1898. then create a title in the appellant, the Kumar; fourthly and finally, whether the suit, which was a suit brought by the Maharaja for a declaration