RAM CHURN SINGH Vs. RANIGUNGE COAL ASSOCIATION LIMITED

JUDGEMENT

(1.) BY a mokurruri pottah, dated February 26, 1886, Bar Kumar Bhaia Gopal Lal Singh, the father and immediate predecessor of the appellant, let to the respondents, the Ranigunge Coal Association, Limited, an area of 1974 bighas, 8 cottahs, and 8 gundahs of land, situated in the Sonthal Pergunnahs, sub-division Deoghur, as delineated upon a relative plan, with all underground and surface rights pertaining thereto, at a yearly jumma of Rs. 6 per bigha, amounting in all to Rs. 11,846 8a. 6p. 1. 3. It was declared that coal, limestone, and iron were to be included in the subjects let, but that the tenants were to have "no title to work gold or silver, or copper j or lead, or any other precious metals which may be found out." Power was given to the tenants to set up collieries, make coal-pits, erect houses and bungalows for dwelling purposes, establish bazaars, make gardens, and excavate tanks; and also full power to alienate their interest in the whole or any portion of the lands, or to make dur-mokurruri settlement, or to underlet.

(2.) THE following provision, out of which the present action arose, was made in favour of the tenants : "Further, it will be always open to you, whenever you may like, to tender istafa" (resignation) " of the whole or any portion of the lands settled under this pottah. If such istafa be made in respect of the whole or any portion of the land, then you shall get a deduction in the rents at the rate of Rs. 6 per bigha for the extent of land that may be found on measurement to have been so relinquished, and, with the exception of the deduction in the total amount of rents to that extent, all the other terms and conditions of this deed shall remain in force and operative." The option thus given was qualified by the provision that the tenants should not have right to relinquish by selection pieces of land from which the coal may have been to the very last worked out, or pieces of land from which all the trees may have been destroyed to their very roots owing to any act on their part; and also that they should pay the full amount of rent for the whole of the Bengali year in which the istafa might be made by thorn.

(3.) THE deed in question contained an intimation to the effect that from the year 1893 the respondent company would only remain in possession of the 565 bighas of land marked on the plan, and would not from that date hold possession of the remaining lands, "measuring an area of 1409 bighas, 8 cottahs, and 8 gundahs, according to the standard measurement, and representing a jumma of Rs. 8456 8a. 6p. 1. 3. at the rate Rs. 6 per bigha. The second party ghatwal is at liberty either to settle the said lands and jumma with others, or to retain their khas possession. The first party company have no claim-or objection thereto."