CURRIMBHOY AND COMPANY Vs. LACREET

JUDGEMENT

(1.) These are two consolidated appeals from a decree of the High. Court of Judicature at Fort William in Bengal, dated August 23, 1929, varying a decree of the Additional Subordinate Judge of Asansol, dated October 12, 1928.

(2.) On May 14, 1924, the present suit was instituted by L.A.. Greet against Oosman Jamall & Sons, Limited, for khas possession of certain "coal mining lands in Mouza Khandra, for an account of the coal extracted therefrom by Jamalls, and for damages for breach of contract. In the alternative a somewhat unusual decree for specific performance was asked for.

(3.) In June, 1926, Jamalls went into compulsory liquidation, and on July 17, 1926, the liquidator was added as defendant No. 2 ; on October 2, 1926, the liquidator filed a written statement adopting the written statement filed by Jamalls.