INDERJEET SINGH SIAL Vs. KARAM CHAND THAPAR

JUDGEMENT

(1.) WE are required in this appeal to ascribe a meaning to the word 'royalty' figuring in a deed of assignment of mining rights between two beings, both devoid of re galia.

(2.) IN its primary and natural sense 'royalty', in the legal world, is known as the equivalent or translation of jura regalia or jura regia. Royal rights and prerogatives of a sovereign are covered thereunder. In its; secondary sense the word 'royalty' world signify, as in mining leases, that part of the reddendum, variable though, payable in cash or kind, for rights; and privileges obtained. It is found in the clause of the deed by which the grantor reserves something to himself out of that which he grants. But "What is in a name? A rose by any other name would smell as sweet," so said Shakespeare.

(3.) THE appellants are the plaintiffs. They are the heirs of one Sardar Pishola Singh Sial. By deed Ex. D -2 dated 19.11.1938, Pishora Singh obtained a mining lease from the erstwhile Government of Central Provinces for extraction of coal in 420.27 acres of land in Village Dighawani, District Chhindwara. He also obtained in the same village a prospecting licence vide deed Ex. D -3 dated 22.11.1938 to prospect coal in an area measuring 242.29 acres. Before hand, on 16.11.1938 in anticipation of obt.1ining the lease and the licence he entered into a contract with Karam Chand Thapar and Brothers Ltd. to assign his rights in the lease and prospecting licence when maturing. On obtaining, he sought and received permission from the Government on 7.3.1979 vide document Ex. D -4 for transferring those two rights to Karam Chand Thapar and Brothers Ltd. The Government however secured thereunder for itself payment of due royalty from Pishora Singh uptil a particular date and thereafter from the said company. On such permission being granted, a sale deed was executed by Pishora Singh Sial in favour of Karam Chand Thapar and Brothers Ltd. on 13.6.1939/30.6.1939 vide document Ex. D -5. This first assignee later assigned its rights, interests and obligations in favour of the second assignee M/s. Rawanwara Collieries vide document Ex. D -8 dated 5.7.1940 and in the same pattern, the second assignee sold its rights, interests and obligations to the third assignee M/s. Oriental Coal Company Ltd. The lease and licence was for a period of thirty years starting from particular dates as embodied in the initial deeds.