JAGDISH CHANDRA Vs. MUHAMMAD BUKHTIYAR SHAH

JUDGEMENT

(1.) This appeal is presented on behalf of the plaintiff Jagdish Chandra Deo Dhabal Deb against the judgment and decree of the Additional Subordinate Judge of Chaibassa dated 4th June 1946.

(2.) The facts which lead up to the question in debate may be shortly summarised. On 27th Pous 1306 B. S., corresponding to 10th January 1900 Raja Satrughna Deo Dhabal Deb, proprietor of the Dhalbhum estate, granted a permanent mokarrari lease to Prince Mohammed Bukhlyar Shah by a registered patta and kabu-liat. The mokarrari lease related to an area of nearly 1100 Sq. miles and the Prince was granted right to prospect and raise gold, silver, copper, lead, zinc, iron, mercury, mica, sulphur, copper sulphate, coal, chalk, red earth, ela-mati, slate stone and all kinds of precious stones such as diamond, ruby, emerald, topaz and crystals etc.. lying on the surface and subsoil of the aforesaid pargana Ghatsila". A sum of Rs. 1,10,000 was paid as salami and the Prince covenanted to pay four annas share of the annual net profit as royalty. The Prince also agreed to provide capital necessary for the purchase of machinery for extracting and selling minerals and stones. The Prince was permitted to recoup himself for the expenses incurred from the sale-proceeds of the minerals and the surplus left after the deduction was considered as the year's net profit. The Raja was entitled to four annas share of the profits thus ascertained and the remaining twelve annas share would belong to the Prince. In Clause 7, the Prince covenanted that he would commence the work of prospecting and raising minerals within five years from the date on which the mokarrari lease was executed. If the Prince failed to commence work within six years he was liable to pay a sum of Rs. 2000 per year to the Raja for such period as he would not commence the work. Clause 18 empowered the Prince to transfer and encumber the interest acquired under the lease or make Darmokarrari settlement.

(3.) In the year 1905, the management of the Dhalbhum estate was taken over by the Government under the Chotanagpore Encumbered Estates Act. In the same year, the estate of Prince was placed in charge of an Official Receiver by virtue of an order passed by the Calcutta High Court in Administration Suit no. 203 of 1905. The Dhalbhum estate continued to be in charge of Government till 1916 when Raja Satrughan Deo died and a dispute arose over succession to the estate. Protap Chandra claimed the estate as heir of Satrughan whereas the plaintiff alleged that he was sole legatee under a will executed by Satrughan. On 28th June 1916, the Revenue Authorities recorded the name of Protap Chandra as proprietor of the estate. In October 1920, the estate was released from attachment under the Encumbered Estates Act but the management was immediately taken over by the Court of Wards acting on behalf of Prptap Chandra. In 1921, the plaintiff filed a suit against Protap Chandra for a declaration of his title and for possession over the Dhalbhum estate. The suit was filed in the court of the Subordinate Judge of Midnapore. The plaintiff obtained a decree on 21st August 1922 but an appeal was preferred by Protap Chandra and the Calcutta High Court appointed Rai Deben-dranath Bagchi as receiver of the estate pending the decision of the appeal. The appeal was dismissed by the Calcutta High Court on 20th June 1924 but Protap Chandra applied for leave to appeal before the Judicial Committee. Eventually the appeal was dismissed by the Judicial Committee and the decree in favour of Jagdish Chandra was confirmed. On 9th July 1927, Jagdish Chandra obtained possession of the Dhalbhum. estate.