JUDGMENT

D.N. Mitter, J. - This is an appeal by defendants 5 to 9 against a preliminary judgment of the Subordinate Judge of Asansol dated 28th September 1932 by which he directed certain enquiry as to damages as also against the final decree passed by another Subordinate Judge on 5th October 1934, by which he directed the payment by the said defendants to the plaintiff of the sum of Rs. 1,80,747 for damages and for rents and royalties. The Hazra respondents describing themselves as Shebaits of a deity Sri Sri Radha Damodar Chandra Jiu Thakur brought the suit in which this appeal arises: (1) to recover khas possession of a colliery known as Kajora Colliery, which belongs to the deity in Putni right, (2) to recover one lakh twenty thousand from the defendants on account of the commission and royalties in arrears and for damages, and (3) for other reliefs. The suit was directed against (1) defendant 1 Narendra Chaudhury, in whose name a lease of the underground rights was taken from the plaintiff for a period of 499 years by Sudhangsu Bhusan (defendant 11), (2) Defendants 2 and 3 (the Sarkars), transferees from the real lessee defendant 11; (3) Defendant 4, the Official Assignee, the