SUBHRA MUKHERJEE Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the High Court of Judicature at Patna (Ranchi Bench) in Appeal from Appellate Decree No. 21 of 1979 (R) passed on November 11, 1997. The appellants-plaintiffs filed Title Suit No. 28(A) of 1976 in the Court of the Subordinate Judge, Ist Court, Dhanbad, praying for a declaration of title in respect of a bungalow and a piece of land measuring 1.38 acres consisting of survey plot Nos. 91 to 94 appertaining to Khatian No. 2 of mouza Nichitpur (hereinafter referred to as "the suit property') and for permanent injunction restraining the respondents from interfering with their possession.

(2.) The suit property was owned by M/s. Nichitpur Coal Company Private Limited (hereinafter referred to as 'the Company'), which is registered under the Indian Companies Act. By a resolution of the board of directors of the Company dated September 21, 1970, it was resolved to sell the suit property to the appellants for a consideration of Rs. 5000/-. However, the appellants paid Rs. 7,000/- to one of the directors under receipt dated December 30, 1970 (Ext. 10). An agreement to sell the suit property to the appellants for Rs. 7000/- (Rs. 5000/- as consideration of the Bungalow and Rs. 2000/- as price of the land) was executed by the Company on January 3, 1971 (Ext. 3). The Company executed the sale deed in their favour on March 20, 1972 (Ext. 9).

(3.) The Coal Mines (Nationalisation) Act, 1973 (for short 'the Act of 1973') came into force on May 1, 1973 and from that date the right, title and interest of the owners in relation to the coal mines specified in the Schedule appended to the Act of 1973 (the said Company is mentioned at serial No. 133 of the Schedule) vested in the Central Government (they will hereinafter be referred to 'as the vested properties'). Thereafter under the order of the Central Government, the vested properties stood transferred to and vested in the Government Company named M/s. Bharat Coking Coal Ltd. (for short 'BCCL'). As the appellants did not hand over the possession of the suit property to BCCL, it initiated proceecings under the Public Premises (Evidence of Unauthorised Occupants) Act, 1971 (for short 'the P.P. Act') for their eviction from the suit property on October 15, 1976.