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Judgment
Maclean, C.J.—In my opinion the decree of the District Judge is wrong in point of form, but right in point of substance. The Appellants have been found by the lower Appellate Court to be trespassers by reason of their intermeddling with certain portions of certain immoveable property belonging to the Plaintiff, and, as such trespassers, they are liable, not to account, as they stood in no fiduciary relation to the Plaintiff, but for damages. The question of the amount of damages depends upon a variety of details, upon which the Court below had not sufficient materials before it to decide but as to which there was sufficient evidence to warrant an enquiry as to damages. I think, therefore, the proper order to make is, to remand the case to the Court below and direct that Court to enquire what damages the Plaintiff has sustained by reason of the trespasses complained of by the Plaintiffs. We give no costs to either party.
Banerjee, J.
I am of the same opinion.
Harington, J.
I agree.