MIDNAPUR ZAMINDARI CO LTD Vs. MANECK HOMI

JUDGEMENT

(1.) In this appeal by the plaintiff the principal question for decision is whether the appellant has title to the subsoil or mineral rights in the lands of village Mango and part of village Pardih lying within the ambit of Pergana Barabhum.

(2.) The plaintiff is the Midnapore Zamindary Co. Ltd. who claim title to the subsoil rights as the patnidar and permanent lessee of Taraf Satrakhani and others Tarafs in Pergana Barabhum under the zamindar Raja by various transfers from about 1885 onwards that will have to be noticed in detail hereafter--the villages in suit are admittedly situated, in the ambit of Taraf Satrakhani.

(3.) On 7-1-1941, the plaintiff- appellant instituted a suit, T.S. No. 3 of 1941, in the Court of the Subordinate Judge of Purulia upon the allegation that Radha Govind Singh, who was a tenure holder under the plaintiff, without any right to the subsoil and Liinerals in the properties in that suit, was allowing his servants, agents and employees to carry away, stone, ballast, boulders, morrum and sand by digging, quarrying, ballasting etc. and trying to realise royalties. Accordingly, the plaintiff asked for a decree that the rights of the plaintiff be declared to the mines, minerals and subsoil in the properties in suit and a decree may be passed for a permanent injunction restraining the defendant, his servants and agents from interfering with the rights of the plaintiff company to those minerals and subsoil rights. It was also prayed that the defendant may be asked to furnish an account of all the royalties realised by him in respect of the minerals.