appeal from the judgment and decree dated june 20 1966 the mysore high companyrt in regular appeal number 97 at 1959.
and ravinder narain for the appellant.
the defendants were the lessees under the lease or their representatives and were respondents in the appeal to the board.
the plaintiffs challenged the surrender and also pleaded that the point was covered by res judicata.
c. chagla p. n. tiwari j. b. dadachanji o.c .
at best the head numbere only records a finding by an appellate bench of the calcutta high companyrt which the board by its own judgment did number expressly reject or uphold.
the subordinate judge held against the dependent on that issue.
there the defence of the lessees was that the lease had been surrendered in july 1933.
civil appellate jurisdiction civil appeal number 1732 1966.
the judgment of the companyrt was delivered by mitter j. one rudrappa murigoppa gugwad died leaving a will dated february 2 1919.
probate of the will was duly taken into possession of all the properties left by the testator.
the subordinate judge who heard the suit framed several issues of which the important ones were as follows whether the plaintiff is entitled to sue whether lochanappa defendant number 1 got only a limited interest in the estate of the testator rudrappa gugwad under the will?
it is claimed by the appeal that he also left a companyicil dated august 10 1919.
k. sen s. s. javali and m. veerappa for respondents 1 and 2.
the appeal to the privy companyncil arose out of a suit filed by one mangtulal bagaria for royalties due under a lease of collieries by one popat velji rajdeo of which the said mangtulal was appointed manager by the companyrt.
