HIRALAL REWANI Vs. BASTOCOLLA COLLIERY CO LTD

JUDGEMENT

(1.) These three appeals arise out of three different suits, which were instituted by the common plaintiffs, except that plaintiff No. 2 of Title suit No. 22/ 74 of 1948 figures as a Pro forma defendant in the other two suits, for eviction of the defendants after notice to quit had been served upon them. The suits have been decreed by both the Courts below.

(2.) There is no dispute about the plaintiff's title; the dispute is in regard to the right of the plaintiffs landlords to eject these defendants, who claim permanent rights in the lands leased to them, and, in the event of eviction, they claim compensation. As the facts are slightly different in each case, they will have to be stated separately.

(3.) Second Appeal No. 319 of 1950 arises out of Title Suit No. 22/74 of 1948 and the corresponding Title Appeal No, 91/72 of 1949. One Prabodh Kumar Chandra had executed a kabuliyat in 1921 in favour of the New Birbhum Coal Company Ltd., the predecessor-in-interest of the plaintiffs, for 10 bighas of land, at an annual rental of Rs. 50/-, besides cess including the land in suit. The leasehold of Prabodh Kumar Chandra was recorded in Khata No. 54. Out of this land, he, had verbally surrendered 3.11 acres. The original defendant of this suit had purchased from the said, Prabodh Kumar Chandra 1 bigha 10 kathas of land out of Plot No. 346/365 by a deed of sale dated 2-11-1939, at an annual rental of Rs. 7/8/- besides cess.