A K GHOSH Vs. BHARAT COKING COAL LIMITED

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the judgment of the Patna High Court dated 26th February, 1981.

(2.) The appellant filed a suit for declaration, permanent injunction and recovery of possession of a single storeyed pucca house standing on plots Nos. 294, 295 and 296 in village Koiridih, P. S. Baghmara in the district of Dhanbad. The case of the plaintiff was that he had purchased the plots by registered sale deed dated 10-3-1965 and thereafter constructed building on the plots. The building was let out to one Shri D. P. Gupta, Manager East Khas Bahiardih Colliery on a monthly rent of Rs. 100/-. Shri Gupta was transferred to Calcutta and as such he delivered the possession of the building to the plaintiff. The plaintiff alleged that he was the owner and in possession of the building at all material times. As the respondent was trying to take forcible possession of the property, he filed the aforementioned suit.

(3.) The respondent filed a written statement and its main defence was that the land in question was purchased and the building was constructed by the New Govindpur Colliery Company Private Limited from its own funds. The purchase was not made by the plaintiff from his own money and he did not construct the building from his own fund. Mr. Gupta was not the tenant of the plaintiff but was a tenant of the Company who owned New Govindpur Colliery. It was further alleged that the right, title and interest of the owners of New Govindpur Colliery vested in the Central Government under the Coking Coal Mines (Nationalisation) Act, 1972 (hereinafter referred to as the Act). It was further alleged that the building in question is a mine as defined in Section 3 (j) (vi) of the Act and as such it vested in the Central Government under Section 4 of the Act and subsequently in the respondent - Bharat Coking Coal Limited.