BHARAT COKING COAL LIMITED Vs. MAINA DEVI

JUDGEMENT

(1.) This appeal by M/s. Bharat Coking Coal Limited (defendant) is directed against the judgment and decree passed by the Sub-ordinate Judge, 2nd Court, Dhanbad, in Money Suit No. 18 of 1986, whereby and whereunder, the plaintiff's suit was decreed in part for Rs. 34,63,950/- (rupees thirty four lacs sixty three thousand nine hundred and fifty) coupled with damages at the rate of Rs. 175/- per month per decimal so long the defendant retains the possession of the suit land or regular sale deed was executed by the plaintiff.

(2.) In short, the case of the plaintiff is that he acquired 20-16 Acres of land comprising of various plots under Khata Nos. 1 and 2 at Mouza-Durgapur within Jharia Police Station in the district of Dhanbad for valuable consideration by virtue of the registered deed of sale dated 16-2-1970 and 8-6-1979 from Jiv Rai M. Patel Narasi R. Chodwa, Khem Shankar Jain and Smt. Gomati Ben Kharfeha and since then he had been coming in possession over the same. The acquired lands included 15.74 Acres comprised within plot No. 5 under Khata No. 1. the plaintiff's further case is that the lands acquired by the plaintiff were surveyed by the State of Bihar, after the promulgation of the Bihar Urban Land (Ceiling Regulation) Act, 1976 and the area of 15.58 Acres was acquired by the State of Bihar through the Deputy Commissioner, Dhanbad vide Notification No. 1473 dated 24-10-1980. The State of Bihar, however, could acquired possession of only 13.20 Acres of land including 8.79 Acres of plot No. 5 for the reason that no more vacant land was found on the spot to be delivered to the State.

(3.) Further case of the plaintiff is that in the year, 1975 defendant through its officers made an offer to the plaintiff to purchase portion of the land of plot No. 5 for the purpose of construction of office and also for the purpose of open cast project at Golakdih within Basta-Kola area. Negotiation for sale could not be materialised due to some differences in the price of the land. It is alleged that in the year, 1981 the defendant through its officers, namely, Sri R. P. Gupta, the then General Manager and Sri Choudhary then Senior Administrative Officer of Basta Kola Area approached the plaintiff and requested him to sell 5.15 Acres of land out of Plot No. 5 as the same was urgently needed for the immediate construction of some labourer-quarters of the adjoining collieries. The officers of the defendant alleged to have settled and finalised the purchase price with the plaintiff and it was also negotiated that pending completion of enquiry by higher officers with regard to necessary papers which was likely to take enough time, the defendant will pay rent of the said land at the rate of Rs. 175/- per decimal per month until completion of the enquiry and registration of regular sale deed. The plaintiff having considered urgency of the matter, agreed to part with the land and delivered possession thereof to the defendant through its officers on 29-12-1981 after levelling the land on investing huge amount. The defendant alleged to have constructed some 'Dhowras' and quarters on the land for accommodation of its labourers.