JUDGMENT :

Ryves, Piggott, JJ.

This is a first appeal from an order of remand, and is one of a series of connected appeals which may be disposed of by a single judgement. In Baraut, in the Meerut district, there is certain land which is the property of Government, though it has been assigned for purposes of management to the Notified Area Committee. That body desired to establish a market upon this land in the neighbourhood of a railway station. It was accordingly arranged that leases of portions of the said land should be granted for a period of years to a number of traders and merchants, subject to certain conditions, the object of which was to secure the effective establishment of the desired market. Owing to circumstances with which we are not concerned the scheme has fallen through, the lessees have taken no action under their leases, and no market has been established. The case for the plaintiffs is that the lessees have broken their contract and are liable under the terms of the contract for various sums of money, for the recovery of which these suits have been brought. The lessees set up number of defences, with only one of which we are now concerned. There was indeed another