GAJADHAR MARWARI Vs. BAIDYANATH MANDAL

JUDGEMENT

(1.) This appeal is by defendants 1 to 4 (a), and arises out of a suit for redemption brought by the plaintiffs, who are members of a joint Hindu family and carry on business in coal under the name and style of Baidyanath Mandal and Co. The facts giving arise to the suit are these.

(2.) Thakur Girdbari Singh of Nowagarh was the proprietor of the two villages concerned in this case, namely, villages Kenduadih and Natundih. On 14th Chaitra, 1313 B.S. corresponding to 20th March 1907, he gave in lease by means of a registered patta (EX. 7) a plot of coal land having an area of 220 bigbas in village Kenduadih, as described in Schedule A of the plaints to one Praganna Kumar Bay. Tbe lease is still subsisting.

(3.) Thereafter, Thakur Girdhari Singh died and the succession to his estate being governed by the law of lineal primogeniture he was succeeded by his eldest son Ran Bahadur Singh, who by a registered patta (EX. 7 (a)), dated 14th February 1921, gave in lease the coal mining rights in village Natundih, as described in Schedule B of the plaint, to one Damodar Prasad Lala. This lease is also subsisting.