TITURAM MUKERJI Vs. COHEN

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court of Calcutta, dated the 6th May 1901, affirming a decree of the Subordinate Judge of Manbhum, which dismissed the suit with costs. The case relates to the right to the minerals under lands in mouzah Golokdihi, pergunnah Jheriah, in the district of Manbhum, and to various questions in connection therewith. Pergunnah Jheriah forms part of the estates of the Bajah of Jheriah.

(2.) On the 22 April, 1824 the then Rajah of Jheriah executed a lease, of the kind well known in that part of India as a "jucgle-buri" lease, in favour of Golok Mudi, the material parts of which are as follows: To Golok Mudi-- This deed ... is executed to the following effect: In mouzah Tisra... there are jungle lauds within these boundaries... and thalands within these boundaries are now settled with you at a rental of Rs. 12. You shall cut the jungle... and prepare the lands. When the lands are prepare, rents will he assessed in the presence of five persons, and you shall pay 10 annas on every rupee thereof to the Raj, and you shall get six annas for your labour. On these conditions the lands within these boundaries with the jungle... are given to you for jote and cultivation.

(3.) By 1835 or 1836 the time appears to have arrived for the further arrangement contemplated by the lease just cited, and accordingly a fresh instrument was entered into. When this was done two tilings had happened: first, Golok Mudi had cleared, jungle and brought the land cleared into cultivation; secondly the mouzah had become separated from Tisra and had acquired the appellation of Golokdihi after the name of Golok Mudi, the tenant.