Lord Romer:-

This is an appeal from a judgment and decree of the High Court of Judicature at Patna dated 1st April 1937 which reversed a judgment and decree of the Subordinate Judge of Dhanbad dated 21st February 1933 and dismissed the appellants' suit. The question for decision is whether the appellants or some of them are entitled to recover damages from the respondents by reason of the respondents having cut and removed coal under a certain area of land which will be described later.

The appellants' claim to the coal in question is founded upon a lease or rather a sub-lease dated 17th July 1908 (hereinafter called the sub-lease) whereby there was demised to the Phularitand Coal Company Limited (hereinafter called the Phularitand Company) coal under the land described in Sch. 3 thereunder written and also delineated and described in the map or plan thereto annexed and thereon coloured blue. Amongst the land described in Sch. 3 was land situate in the mauza Ganeshpur and described therein as being bounded on the north by the mauzas Buddora and Kenduadhi. On the plan there is shown lying between what is marked as Ganeshpur on the south and what is marked as Kenduadhi on the north a s