MATI LAL RAHA Vs. INDRA NATH BANNERJEE

JUDGEMENT

(1.) In this suit the plaintiffs seek to recover damages from the defendants for libel.

(2.) It appears that the defendant, Indra Nath Bannerjee, is the owner of a colliery in the mouza Jote Janki. In close proximity to his colliery are situated two other collieries, one belonging to the Singaran Colliery Co. and the other to P.K. Chatterjee, the latter of which is or was until recently called the New Toposi Colliery. In or about the year 1902 the defendant Indra Nath opened up this colliery, and his coal was sold in the market as Jote Janki coal. From the evidence given on behalf of the defendant, which I accept, it appears that the seam worked by Indra Nath was a superior coal to that worked by the Singaran Co. and P.K. Chatterjee. The coal produced from all three pits is, however, coal that is known in the market as second class coal. There can be little doubt, but that the coal from Indra Nath's pit had become known in the Calcutta market amongst people who deal in this class of coal as Jote Janki. The coal from the Singaran Co.'s pit and P.K. Chatterjee's pit being known as Toposi and New Toposi. The evidence on behalf of the defendant Indra Nath, especially the evidence of Mr. Bowrey of Messrs. Macleod & Co., the Managing Agents of the Singaran Co., is clear as to this. It is also in evidence, as stated by one of the plaintiffs witnesses, that Toposi coals are about the worst on the market.

(3.) I have, therefore, come to the conclusion that in the year 1908 coal from Indra Nath's pit had become well recognised in the market amongst people who deal in second class coal as Jote Janki coal.