SUKHDEV SINGH Vs. MAHARAJA BAHADUR OF GIDHAUR

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the H. C. of Judicature at Patna, affirming a judgment and decree of the Sub-ordinate judge of Monghyr in a title suit brought by the pltf. resp.

(2.) The pltf. the Maharaja of Gidhaur, who has succeeded in both the Cts. below is the proprietor of an impartible estate known as Gidhaur raj in the district of Monghyr. The ancestors of the defts. 1st party originally held a 4 annas share in a ghatwali tenure known as Mahal Dumri Nisf Katauna T. No. 325, and Sub-sequently by private partition they were allotted mouza Dumri with its 47 tolas which are detailed in Sch. I of the plaint. In execution of d mtge. decree obtained by one Chethru Rai against the ancestors of defts. 1st party, their interest, to which reference has been made, was purchased by the Maharaja of Gidhaur in the name of one of his employees, and the latter took delivery of possession of the property on 19-4-1904. On 13-8-1903, the ancestors of the defts. 1st party filed an appln. for setting aside the sale which was dismissed by the executing Ct. and the appeal from the order of the executing Ct. was dismissed by the H. C. as well as by the P. C. After certain disputes in the criminal Cts. the defts. second party alleging themselves to be the lessees of the defts. first party, obtained a mining license in 1937 from the Sub--divisional officer of Jamui, and the Dist. Mag. apprehending a breach of the peace, started proceedings u/s. 144, Cr. P. C., which ended in favour of the defts. first and second parties and against the pltf.

(3.) The pltf's case is that, emboldened by the order in the proceedings u/s. 144, the defts, started working mines in the tolas mentioned in Sch. II of the plaint and extracted a considerable quantity of mica and hence he was compelled to institute the present suit. In this suit, after reciting the facts to which reference has been made, he prayed for a deClaration of the Sub-soil rights with regard to the entire Mahal Dumri and for recovery of possession of the mtge. lands situated in, the tolas specified in Sch. II of the plaint. He also prayed for mesne profits and a permanent injunction restraining the defts. first and second parties from extracting mica or other underground minerals from the lands mentioned in Sch. II of the plaint. The grounds on which these reliefs were Claimed are summarized in para, 12 of the plaint in these words: