Lord Tomlin:-

This is an appeal from a decree of the Judicial Commissioner of Ajmer-Merwara in a suit in which the respondents, the railway company, sought to recover certain land and buildings thereon in the possession of the appellant. Before the Subordinate Judge the railway company obtained an order for possession on certain terms which involved the payment to the appellant of a sum of Rs 2,446-8-0. On appeal, that order was reversed and the suit was dismissed by the District Judge. A further appeal was taken to the Judicial Commissioner when, in its turn, the judgment of the District Judge was reversed and an order for possession was made on terms which involved payment to the appellant of a sum of Rs. 5,000.

The circumstances of the case are unusual and are shortly these. In 1891 the railway company, who occupy certain Government land for the purposes of their railways, formulated and put into operation a scheme for housing certain of their employees on part of such land. The idea seems to have been to form a village community consisting of the workmen in the company's employment on the land in question. The land was to be leased at ground rents by the railway company to the wo