RAM RANJAN ROY Vs. JAYANTI LAL PATRA

JUDGEMENT

(1.) This is an appeal by the plaintiffs and arises out of a suit for the enforcement of a registered mortgage bond. The suit was dismissed by both the Courts below and hence this appeal by the plaintiffs.

(2.) The facts shortly stated are these: The defendant and his two brothers are Khiraji Brahmottardars of a fractional share in Mouza Kamalpur and Metheni. The first plaintiff and one Raghunath Laik, the predecessor in interest of the other plaintiffs, took a prospecting lease from the defendant and his two brothers of their underground rights in the lands of the two mouzas. Simultaneously, they advanced a sum of Rs. 1,000 to each of the three brothers, taking from each of them a mortgage as security for the loan. The prospecting lease originally executed was not registered for some reason or other, and a fresh one was drawn up on the 12fchof Bhadro and was registered. The prospecting lease that was registered admittedly contains the provisions of the one that was not registered, and which the plaintiffs have failed to produce even though cited to do so. One of the provisions of the lease is that the three brothers shall receive a sum of Rs. 3,000 as bonus in the event of the prospecting lease being converted into a mining lease. Other provisions material to the present case are firstly that the term of the prospecting lease shall be three years, and that unless the lessees surrender their rights under the lease within the above period, they shall be entitled to obtain from the lessors a duly executed mining lease or treat the prospecting lease as a mining lease.

(3.) The plaintiffs case is that the money due under the mortgage bond is due and, they therefore, pray recovery thereof by enforcing the mortgage bond.