BHOLANATH ROY Vs. WEST JAMURIA COAL CO LTD

JUDGEMENT

(1.) The Appellants are the owners of touzi No. 2597 of the Burdwan collectorate, which is a revenue paying estate, formed on the resumption of lakheraj lands. The lands of the touzi are scattered over different villages and admittedly include the five plots of mouza Jamuria, in respect of which the Appellants started the present action.

(2.) In this appeal, we are concerned with only two of the plots, namely, C.S. plots Nos. 636 and 657 of the mouza, as it is clear now from the evidence and is no longer disputed before us, that the Appellants have no cause of action as regards the other three plots. As regards C.S. plots 636 and 657, the admitted position is that the Respondent company has worked under these plots and extracted the coal underneath these two plots in course of their operations of working the colliery, in exercise of the right which they undoubtedly have in other lands of the mouza.

(3.) The Appellants claim damages for the coal wrongfully taken away by the Defendant company, damages for other coal that has been rendered unworkable by the acts of the Defendant and for causing subsidence of the lands and damages for piercing and removing the barriers which they should have kept at the extremities of their Own lands.