RAMKISHUN AGARWALLA Vs. EMPEROR

JUDGEMENT

(1.) The petitioner has been convicted under Secs.447 and 426, Indian Penal Code in respect of offences alleged to have been committed in mauza Dhansar. The history of the land on which the offences are said to have been committed is as follows: In 1917 the Raja of Jharia granted the underground rights in 400 bighas in mauza Dhansar to one Hardeo Das. The grantee transferred his rights to Ramjash in 1920. Ramjash sold his rights with respect to 340 bighas to Buplal in 1924 and with respect to the remaining 60 bighas to Lachmannarain, the petitioner's predecessor. By the original grant, the grantee had the right to use such parts of the surface as was necessary for the purpose of extracting coal.

(2.) In 1925 the Record of Rights with regard to mauza Dhansar was finally published. In that record Ramjash was recorded as being in possession of certain plots, including plots Nos. 380 and 381 with which I am concerned in the present case. The Record of Rights was published so soon after the transfer of 340 bighas to Buplal that the latter's purchase does not find a mention in it.

(3.) In 1934 the petitioner obtained a license from the Baja to quarry for fireclay in the whole of the mauza Dhansar except in those portions which were in the occupation of tenants. In 1936 he attempted to extract fireclay from plot No. 381. This led to a proceeding under Section 144, Criminal P.C., which resulted in his being res. trained from extracting clay in that plot. In 1936 the complainant who is a son of Buplal, was called upon by the Baja to pay rent for certain plots including plot No. 381 and in response to that demand the rent for three years was paid. In January 1937 the petitioner again commenced extracting fireclay in plot No. 381. There appears to have been no interference with him for a few days, but then the complainant appeared on the scene with an amin and having ascertained with the help of the amin that the portion being excavated fell within plot 381, he instituted the present prosecution of the petitioner for trespass and committing mischief.