Coutts Trotter, J.

1. This is an appeal by the Secretary of State for India in Council against a judgment of the District Judge of Godavari awarding to the plaintiff a sum of Rs. 14,000 by way of damages. The facts of the case are comparatively simple, though the questions for determination are complex and difficult. The plaintiff in March 1896 acquired from the Collector of Godavari district acting as Agent for the Government, a patta or lease of a piece of land called the Sidhantam Lanka at an annual kist of Rs. 6,010 for a period of five years. These lankas are islands formed in the bed of the river Godavari by the silting up of solid matters brought down by its waters. They are pursue any remedy in damages which that finding might entitle him to. At the same time Government was allowed by the learned Judges to take the point of limitation which had not been raised by them at the first hearing. The case accordingly went back to the District Court, and the then District Judge, Mr. Parthasarathi Ayyangar, dealt with the two issues of limitation and of the quantum of damages, and he decided both in favour of the plaintiff. The Government have appealed from that decision, and