- (1.)This is an appeal from the judgment and decree of the Subordinate Judge of Burdwan, dated the 10th December 1918. The proceedings were in continuation of a suit brought by the respondent or his predecessor in interest as plaintiffs against the appellants or their predecessors as defendants for the recovery of a lease-hold Colliery known as the Chatterpathat Colliery, In the result, on the 18th May 1914, the Privy Council reversed the decree of the High Court, dated 4th June l912, in favour of the appellants and restored the decree of the Trial Court, dated September 8th 1909, in favour of the respondent Roghunath Das v. Sundar Das Rhetri (1) 24 Ind. Cas 304 : 41 I. A. 251 : 18 C. W. N. 1058; I. L. W. 567 : 27 M. L. J. 150 : 16 M. L. T. 353; (1914) M. W. N. 747 : 16 Bom L. R. 814 : 20 C. L. J. 555 : 13 A. L. J. 164 : 42 C, 72 (P. C.), The question which now arises relates merely to the amount of the indemnity which the unsuccessful party in the contest should pay to the successful party.
(2.)The respondent, as decree-holder. claims damages from the appellants, as judgment- debtors, first, in the nature of mesne profits and secondly, in the nature of damages for malicious or negligent injury to the Colliery.
(3.)The application for assessment of these damages was made by the respondent on the 15th June 1915. It appears that the appellants asked for details; and in a petition filed on 19th January 1916, the respondent gave "details" of the amount of damages and wusilaidamage to the Colliery by cutting pillars, etc, etc." The damage as then estimated amounted to Bs. 57,577 including four items: (1) Damage to the machineries, plants, tools, etc., estimated at Rs. 14,888; (2) mesne profits with interest, estimated at Rs. 29.000, (3) an item of Rs, 12,000 said to be detailed in Bankim Babu s report which we have not seen; and (4) a small item of Rs 1,089 for stacked coal removed by the defendants.