SHIV HIRAJ MINING INDUSTRIES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by an order and judgment dated 16th June 1975 of the learned Civil Judge. Senior Division Ratnagiri, in Special Civil Suit No,. 8 of 1971, the appellant (the original plaintiff ) have preferred this appeals.

(2.) The fact according to the Appellants are that the appellants are a partnership firm. That the properties mentioned in Schedule A and B to the plaint belong to one P. D. Nimbalkar (now deceased) and one J. Y. Nimbalkar. That respondent Nos. 3 (a) to (3) (f) and on J. Y. Nimbalkar were and are his legal heirs and representatives. That the said J. Y. Nimbalkar has 1/2 share in the said properties. That the Court of Wards being respondent No. 2 are in management of the share of J. Y. Nimbalkar. That Respondent No. 4 exercises the powers of the Court of Wards.

(3.) It is the case of the appellant that they entered into two mining leases both dated 20th Oct. 1964 -- one with the said P. D.Nimbalkar (now deceased) being Exh. 184, and the other with respondent No. 2 acting for the said J. Y. Nimbalkar being Exh. 185. Both these leases relate to the properties described in the Schedule A to the plaint, and the mineral rights therein. The extent of the land demised under the two leases was and in 906 acres under and 31 gunthas. This land is situated at village Vetore. Taluka Vengula, District Ratnagiri,. That both these leases have a Clause, (being Clauses X) inter alia, stating that the lessors have bound themselves to grant a prospecting licence and supplementary mining leases to the appellant in respect of the properties not convered by the said two leases i. e. in respect of the properties mentioned in Schedule B.