The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and Short Notes of Important Decisions of other High Courts in India Monday March 30 1936

This was a petition for special leave to appeal from the judgment and decree of the High COurt at Calcutta dated the 4th July 1933 and arose out of a suit tiled by the Petitioner on the 28th March 1928 in the Court of the Subordinate Judge of Assansol against one Mohesh Chandra Sadhu the prdecessor-in-title of the Respondents for rcovery of royalties in respect of 500 Bighas of coal l [...] The present Respondents then appealed to the High Court at Calcutta who by its judgment and decree dated the 4th July 1933 partly reversed the decrees of the lower Courts allowing the Petitioner's claim up to 31st October 1919 (the date on which the Burdwan Raj granted the mining lease of the patni lands to Mohesh Chandra Sadhu) and dismissed the Petitioner's claim for the period after 19th O [...] The High Court referred the matter to the Subordinate Judge for enquiry " as to what the value of the property would be having regard to the number of years of purchase on the basis of minimum and excess royalty per year." The Subordinate Judge reported that the value of the Petitioner's share in the property was only Rs. [...] BLANESBURGH :—Suppose you have no definite rule on that point is not the value of the suit the value to the Appellants and that is the value of this appeal to him; in the event of his success on the present appeal?] The Board granted Special Leave to apeal. [...] Under the English law priority in cases of successive assignments of choses in action each one without notice of the earlier one is determined by the date of the notice to the debtor because notice to the debtor is necesary to perfect the title of the assignee.