SK SALAMAT Vs. EQUITABLE COAL CO LTD

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Subordinate Judge, asansol, setting aside the judgment of the Munsif dismissing the plaintiff's suit.

(2.) THE plaintiff, Equitable Coal company Limited brought this suit before the Munsif, Asansol for permanent injunction restraining the defendants from making any structures on the disputed lands and also for mandatory injunction directing the defendants to remove the structures already made. Plaintiff's case is that one Rebati Dassya and others were putm'dars of rnouza jamuria under Maharaja of Burdwan. The putnidars transferred their interest in the mouza, including surface and underground rights to the plaintiff company in 1871 by a patta. The plaintiff company came in possession and commenced mining operations and continued in such possession, openly and adversely for more than 12 years prior to 1918. Consequent upon a certain decision affecting the putnidars' right of giving lease of underground minerals, the plaintiff company took a confirmatory lease to work the coal underneath the said Mouza from the Maharaja of burdwan on June 6, 1918, The defendants have surface rights for agricultural purposes only but they started constructing pucca structures on the land. The lands are situated in the close proximity of the plaintiff's pits nos. 5 and 6, and it has already obtained permission from the Government authority to reopen the said pits. Hence the suit for injunction.

(3.) DEFENDANTS contested the suit denying that their lease was for agricultural purpose only. They also deny that the plaintiff company had right to extract coal from the underground of suit lands. They claim that there are buildings on the suit land and neighbouring lands for more than 12 years and the plaintiff company never objected to that. They further contend that the mining lease was granted long after the surface right was leased to the predecessors of the defendants and at that time, the existence of coal underneath was not known. Plaintiff therefore, is bound to maintain the support of the surface land.