SRIMATI SULOCHNA DEVI Vs. COAL INDIA LIMITED

JUDGEMENT

(1.) THE appeal under Section 100 C.P.C. by the plaintiffs/appellants is directed against the judgment and decree dated 23.12.1989 passed by 7th Additional District Judge. Dhanbad in Title Appeal No. 13 of 1989 affirming the judgment and decree dated 23.2.1989 passed by Sub judge 2nd Court, Dhanbad in Title Suit No. 5 of 1974.

(2.) ON 19.8.1991, this appeal was heard under Order 41 Rule 11 CPC and the following order were passed: - This appeal will be heard on the following substantial question of law: Whether the appellant was entitled to compensation for the machinery and stock of coal lying at the Durga Boka Pahari Colliery on the date of nationalization of the collieries. Since the respondents have appeared, no notice need to be issued. Call for the records. The cross -objection will be heard along with this appeal on the following substantial question of law: - Whether the finding of the court below that Durga Boka Pahari Colliery was part of Bajna Colliery can be sustained on the basis of the evidence led on behalf of the parties. Liberty is given to the appellant to raise other substantial question of law, if available.

(3.) PLAINTIFF 's case is that he is the owner of M/s Debiana Coal Company, Shree Durga Pahari Colliery situated in Debiana Pargana in the district of Dhanbad which was previously owned and possessed by one Narayan Prasad Mukherjee. Plaintiff's further case is that the aforesaid colliery originally belonged to Sri Narayan Prasad Mukherjee who owned and possessed the underground mineral right over 150 bighas of land. Sri Mukherjee was working mostly open cast mining adjacent to the rivulet where Badjna colliery belonging to M/s Oriental Coal Company situate on the other side of the village, Debiana. Before taking over the management under the Coal Mines (Taking over of Management) Ordinance, 1973 which was followed by the Coal Mines (Taking over of Management) Act, 1973 and later on vesting of the collieries under the Coal Mines (Nationalization) Act, 1973 a dispute arose between the aforesaid two collieries, namely, Shri Durga Boka Pahari colliery belonging to Shri Mukherjee and Martina colliery belonging to M/s Oriental Coal, company. In the year, 1960 the plaintiff - appellant alleged to have purchased right, title and interest of Sri Narayan Prasad Mukherjee. Thereafter, a proceeding under Section 144 Cr.P.C. which was subsequently converted into a proceeding under Section 145 Cr.P.C. was initiated and the matter ultimately came to High Court where plaintiff's possession over the colliery was confirmed. Plaintiff -appellant's further case is that after Coal Mines (taking over of the Management:) Act, 1973 came into force, the management of his colliery, namely, Sri Durga Boka Pahari Colliery was not taken over by the Coal Mines Authorities but in spite of that the respondents were trying to interfere with the possession of the plaintiff -appellant. Hence the suit.