COAL INDIA LTD Vs. KHIROD CHANDRA CHAKRABORTY

JUDGEMENT

(1.) The only question that falls for determination in this appeal is whe-ther the suit land falls within the definition of "mine" as defined in Section 2(h) of the Coal Mines (Nationalisation) Act, 1973, or not.

(2.) The appellant, Coal India Limited is a Government Company. By virtue of the pro-visions of Section 3(1) of the Coal Mines (Nationalisation) Act, 1973 (hereinafter 'the Act') and order issued by the Central Gov-ernment in exercise of powers under Section 5(1) thereto, the right, title and interest of a limited company, namely, the Assam Rail-ways and Trading Company Limited (ARTC), Margherita in respect of the coal mine specified in the schedule to the said Act got vested in the appellant company with effect from 1-5-1973.

(3.) In the year 1979 the appellant company filed a suit against one Khirod Chandra Chakraborty, the principal respondent here-in, for his eviction from the suit land and for recovery of khas possession. The case of the appellant-plaintiff, in brief, was that it was the absolute owner of the land described in the schedule to the plaint. On or about 20-10-75, the defendant No. 1 trespass-ed into the suit land and constructed a kutcha residential house and despite notice and re-peated demands did not vacate the same. So the suit.