(1.) This is an appeal from the Court of Appeal in Burma which reversed a decision of the Court of first instance in favour of the present appellant, who is the plaintiff in the action.
(2.) The action is brought to recover compensation for the use by the respondents of a quantity of gas which had been taken by the respondents from a certain oil well site of which they were in possession under a lease granted by the appellant. It appears that in Upper Burma, under the Upper Burma Land and Revenue Regulation of 1889, the right of private ownership in land is recognised, but it is expressly provided in Section 31 that the right to all minerals, coal and earth oil, shall be deemed to belong to the Government, and the Government shall have all powers necessary for the proper enjoyment of its right thereto.
(3.) The facts proved are, that the appellant was before the year 1912 in possession of oil well sites in Upper Burma. By a grant dated April 25, 1912, after reciting the fact that the appellant was in possession of the well site in question, the Government granted to the appellant a right to win and get earth oil from the said well site in such manner as he or his assignees might think fit, and to dispose of all earth oil to be gotten there from subject to the payment of a royalty to the Government.