A H FORBES Vs. LERALLI

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff appellant in the Court of the Munsif at Araria in the district of Purnea to evict the defendants from certain lands he had leased to them in the year 1894.

(2.) The suit was dismissed by the Munsif, as will be more particularly mentioned later in the course of this judgment. The Munsifs order was affirmed by the District Judge. The plaintiff preferred an appeal to the High Court, which was heard by a single Judge, Mr. Justice Boss, who reversed the judgment of the District Judge, and decreed the plaintiff's claim. On the defendants appeal under the Letters Patent, a Division Bench consisting of the Chief Justice and Mr, Justice Mullick, reversed the decision of Mr. Justice Ross, and agreeing with the District Judge, dismissed the suit of the plaintiff. He now appeals to His Majesty in Council on the grounds that the High Court misconstrued the terms of the lease under which the defendants were let into possession, and have wrongly applied, under the circumstances of the case, the doctrine of estoppel in respect of his claim.

(3.) A brief narration of the facts which have led to this unfortunate litigation will explain the position of the parties.