CHANDAN MULL INDRA KUMAR Vs. CHIMANLAL GIRDHARDAS PAREKH

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Patna dated April 1, 1937, which reversed a judgment and decree of the Subordinate Judge of Dhanbad dated February 21, 1933, and dismissed the appellants' suit.

(2.) THE question for decision; is whether the appellants or some of them are entitled to recover damages from the respondents by reason of the respondents having cut and removed coal under a certain area of land which will be described later.

(3.) ON January 29, 1928, the Baraboni Company who are the appellants No.2 discovered that the respondents who were, leaseholders of the coal under the western part of Kenduadhi were or had been working a seam of the coal under the jore. In the belief that for the reasons hereinafter stated such coal was included in the sub-lease they in conjunction with the appellant No.1 Chandan Mull Indra Kumar instituted on August 29, 1930, the present suit against the respondents claiming a declaration of title, an injunction, and damages. The appellant last mentioned had in the year 1928 purchased some of the assets of the Baraboni Company and was under the impression that his purchase included the coal, under Ganeshpuf. In this he was mistaken. It is now conceded that he had no interest in that coal and he need not be further considered. Nor at the date of the institution of the suit had the Baraboni Company any property in the coal inasmuch as their purchase of the assets of the Phularitand Company hadnot been then completed. They based their claim to relief however upon their alleged possession of the demised coal; since April 1, 1926, and merely brought in the Phularitand Company as formal defendants. But by order dated August 12, 1932, the Phularitand Company were struck put as defendants and, added as plaintiffs, and are now the appellants No.3.