The Calcutta Law Journal August 1 1930

The Court room of the Chief Justice was over-crowded with members of the legal profe)sion when the Advocate General on behalf of the Calcutta Bar referred to the passing away of Sir Binod for many years the leader of the Bar. [...] S. C. Mitter is a member of the Calcutta Bar and the second occupies a very responsible post in the Department of Industries of the Government of Bengal " On behalf of the Calcutta Bar the Advocate General conveyed to their Lordships the great sense of loss and regret which they felt in the demise of a great lawyer and good man Dr. [...] Theme decisions show that there is a curious gap in the liability of the servient owaer where owieg to the user of his property by his predecessor in title the right of the dominant owner to support is ultimately infringed Under the civil law the right of support from the neighbouring soil was not only recognised but the law went further and put restrictions on the doing of any act which would [...] In truth his right is a right to the ordinary enjoyment of his land and till that ordinary enjoyment is interfered with he has nothing of which to complain." It was subsequently held that the Statute of Limitations runs from the time of the accruing of the damage and not from the time of the taking away of the support which caused the damage. [...] The plaintiffs as owners of the surface and entitled to an easement of support contended that the defendants were liable for the subsidence on the ground that they were the persons in possession of the mines at the time when the subsidence occurred.