LAWS(PAT)-1948-9-11

S M YAQUB Vs. T N BASU

Decided On September 17, 1948
S M YAQUB Appellant
V/S
T N Basu Respondents

JUDGEMENT

(1.) THIS is an application by the second party to proceedings under Section 145, Criminal P. C., the Magistrate having found the possession of the first party and directed the petitioners not to interfere with it. The learned Additional Judicial Commissioner of Chota Nagpur has declined to make a reference in the matter to this Court.

(2.) THE proceedings relate to the mineral rights in three villages, Kali, Dumara and Mahuamilan, within pargana Tori in the district of Palamau in Chota Nagpur.

(3.) BY two deeds in October 1944, the Maharaja gave leases of the mineral rights in the entire pargana to the National Cement Mining Industries Limited, the employees of whom now constitute the first party. On 1st August 1946, ' S. M. Yakub of the second party took a mining lease of the entire pargana Tori from the sons and here of the Maharaj Kumar. Yusuf Khan of the second party claims to have taken a sublease of the minerals of village Mahuamilan from S. M. Yakub. The remaining members of the second party are servants of S. M. Yakub.