ORIENTAL COAL CO Vs. PANNA DEVI

JUDGEMENT

(1.) THIS is an appeal against the judgment and decree dated 30th May, 1962, passed by Shri P. K. Banerjee, Subordinate Judge, Additional Court, Asansol in O. C. Suit No, 65 14/35 of 1962/1961. The plaintiff is the appellant in this Court. The plaintiff brought the suit for recovery of commission and royalty and tentatively laid the claim of Rs. 58,924. 29 NP. The case of the plaintiff is that the Maharaja of Burdwan was the proprietor of mouza Bahula including the Chaks Desdiha and panuria one Saheb Mrityunjoy Chatterjee was the lessee in respect of coal and coal mining fights in this mouza under the said Maharaja pf Burdwan. The Rai Saheb granted sub-Tease of this property to trailakhya Nath Sam pat Trust Estate which again by registered lease dated 12th April, 1934 granted mining lease of the property fully described in the plaint schedule to srimati Bijoli Prova Das. By a registered deed of Arpannama dated 20th November, 1934 and 24th April, 1935 Bijoli Prova dedicated unto the deity Sri Karunamoyee Kali Mata the entire coal and coal mining right of the disputed property. By an indenture of under lease dated 22nd March, 1938 the defendant Co. took from the deity Sri Karunamoyee Kali Mata represented by the sebait Debendra nalh Das, a sub-Lease of the disputed property for a period of 54 years commencing from 1st January, 1938.

(2.) UNDER this indenture of lease the defendant Co. is bound to pay royalties on all coal raised and coke manufactured and dispatched from lease-hold premises at 0-6-9 pice per ton of steam coal 5-6 piece per ton of rubble coal; -10- per ton of soft coke ; -14- per ton of Hard coke and 3-6 pice per ton of slack and dust coal. The royalty is payable by the 15th day of the month immediately following the month for which the royalty becomes due.

(3.) FURTHER, the defendant is bound to pay Rs, 6000/- as minimum royalty for each year if the commission does not make up the minimum of Rs. 6000/ -. By a registered kobala dated 10th October, 1945 the deity Sri Karunamoyee Kali Mata represented by her Sebait Sri Debendra Nath Das and Srimati Bijoli Prova Das sold all the right, title and interest of the lesser in the property mentioned in the plaint schedule together with all arrear dues from the defendant to one Sawarmal Tantia. The plaintiff again purchased the right, title an interest of the said Sawarmal Tantia in the property mentioned in the plaint schedule by a registered kobala dated 16th January, 1951. The plaintiff, thus; became entitled to realize from the defendant royalties fuel coal etc. payable by the defendant under the terms of the indenture of lease dated 22nd March, 1938. The defendant having defaulted to pay up the dues, the plaintiff previously brought O. C. Suit No. 21 of 1952 and O. C. Suit 42 of 1955 for recovery of royalties etc. for the period up to May 1955. These suits were decreed in plaintiff's favour. The defendant has again defaulted in payment of royalties, coal etc. from 1st June, 1955 up to date. The plaintiff is entitled to recover the same with interest at the rate of 12% per annum. The plaintiff has already paid rent and works cess.