Wadsworth, J.

1. This appeal arises out of a suit for specific performance brought by the appellant, who is the Raja of Vizianagaram represented by the Manager under the Court of Wards, against the respondent, the Maharajah of Jeypore. The agreement which is sought to be enforced is a compromise of two alleged disputes regarding forest areas, one relating to the Gudepa forest in the plains and the other relating to the Samidha forest in the Agency. The agreement in substance provides that the appellant shall acknowledge the title of the respondent to the area in dispute in the Samidha forest and shall be given a permanent lease of that forest including the portions which have always been admittedly the property of the respondent, while as to the Gudepa forest the respondent is to acknowledge the title of the appellant. The suit has been dismissed on various grounds which will be enumerated hereafter.

2. The dispute has a long history which need only be summarised briefly. In the disputed areas the boundary between the estates of Vizianagaram and Madgole runs through forest. The precise location of that boundary was in dispute at the end of the last century. In 1899 Mr. Hatche