CURRIMBHOY AND CO LTD Vs. L A GREET

JUDGEMENT

(1.) These are two consolidated appeals from a decree of the High Court of Judicature at Fort William in Bengal, dated 23-08-1929, varying a decree of the Additional Subordinate Judge of Asansol, dated 12-10- 1928. On 14-05-1924, the present suit was instituted by L. A. Creet against Oosman Jamall and Sons, Limited, for khas possession of certain coal mining lands in Mouza Khandra, for an account of the coal extracted therefrom by Jamalls, and for damages for breach of contract. In the alternative a somewhat unusual decree for specific performance was asked for.

(2.) In June 1926 Jamalls went into compulsory liquidation, and on 17-07-1926, the liquidator was added as defendant 2 : on 2 October, 1926 the liquidator filed a written statement adopting the written statement filed by Jamalls. On 28 July 1927 Currimbhoy and Co. Ltd. were added as defendant 3, as a party claiming to be interested in the lands in suit under an agreement with Jamalls dated 13 September 1922, and filed a written statement on 12-08-1927. On 25-01-1928, the liquidator of Jamalls assigned to Currimbhoys the whole rights and interests of Jamalls in their alleged contract with Creet, in the subject-matter of the present suit and in the plaint and equipment of their colliery on the lands in suit, as well as in the moneys deposited by them under orders of the Court.

(3.) Early in 1920 Creet had obtained mine-prospecting leases in respect of certain of the lands in Mouza Khandra, and had started sinking a shaft. By letter dated 18 April 1920 he proposed to Jamalls that they should take over the enterprise from him on certain terms; negotiations followed, mostly by correspondence, in course of which Creet agreed that Jamalls should take over the place immediately, and, in fact, they took possession from Creet of certain lands, which included the shaft, on 1 June 1920, and proceeded to develop and work the minerals. On the other hand, Creet, who at that time had only got prospecting leases, proceeded to obtain titles to the minerals, and became involved in certain litigations, which delayed his obtaining some of the conveyances of the mineral rights. Some of these suits were still pending when the present suit was commenced.