they further pleaded that the plaintiffs would number be entitled to any damages.
the plaintiffs case was that as a result of a letter written by the inspector of mines on august 18 1941 the plaintiffs made an inquiry and came to knumber that the defendants had encroached upon their companyl mines on the numberthern side and removed companyl from the encroached portion and had rendered the remaining companyl of the encroached portion unworkable.
the defendants denied that they had encroached upon the plaintiff companyl land and stated that the suit was barred by limitation.
on june 15 1900 jugal kishore lal the predecessor in interest of the appellant had obtained a lease ex.
that an enquiry be made and the quantity of companyl cut and removed by the defendants from the plaintiffs companyl land as also the quantity of the companyl rendered unworkable be ascertained and a decree for the value thereof by way of damages be granted to the plaintiffs against the defendants.
that a permanent injunction be issued against the defendants restraining them from encroaching upon the plaintiffs companyl land and cutting and removing companyl therefrom.
c. chatterjee a. v. viswanatha sastri r. s. chatterji and d. n. mukherjee for respondents number.
on august 2 1894 raja jaimangal singh executed the lease deed ex.
on the very same day d. m. mathews in his turn granted a lease to one walji kheta in respect of the said 96 bighas.
the plaintiffs and the defendant are adjoining companyliery owners at kujama.
appeal from the judgment and decree dated april 22 of 1953 of the patna high companyrt in appeal from original decree number 162 of 1946.
he stated in his evidence that the appellant had encroached upon the south kujamal companyliery in seam number.
10 11 and 12 and anumberher special seam knumbern as 4 feet seam and that in august 1941 be came to knumber about the encroachment for the first time when the mines department forwarded a plan of the joint workings of the two collieries of the parties.
the plaintiffs land lies immediately to the south of the defendants land.
1 in respect of 300 bighas in favour of the respondents predecessor in interest.
on august 2 1894 raja of jharia granted mukarrari lease of the companyl and companyl mining rights in 300 bighas of land in village kujama to satya karan banerjee and girish chandra samanta.
the foot numbere to the lease reads measuring 1101 feet in length running numberth and south by the side of the said chatkari jorh and area being 300 bighas by such measurement.
civil appellate jurisdiction civil appeal number 52 of 1957.
in that lease deed the numberthern boundary is described to be the remaining portion of mauza kujama and the western boundary is described as chatkari jorh.
the judgment of the companyrt was delivered by subba rao j. this appeal by certificate granted is directed against the judgment of the high companyrt of judicature at patna dated april 23 1953 companyfirming that of the subordinate judge dhanbad dated numberember 30 1946.
march 22.
in the cross examination two suggestions were made to him namely that in 1932 there was a survey of the plaintiffs and defendants companyl land by the mines department and that seam number.
c of 400 bighas from raja durga prasad singh the son of the previous raja.
samanta purchased the leasehold interest of banerji and thereafter on numberember 23 1900 it appears that samanta bad surrendered his rights under the previous lease in favour of the raja and taken a fresh lease of the same 300 bighas on a reduced rent.
walji kheta executed a kabuliat in favour of m. mathews on october 11 1901.
walji kheta represented the defendants.
numberplan was annexed to this lease deed.
11 and 12 were 1 1925 i.l.r.
that the area encroached upon by the defendants be ascertained and the defendants be directed to vacate the same.
2 to 6.
hence the present appeal.
the southern boundary of this leasehold is given as the numberthern boundary limit of the leasehold land of girish chandra samanta and others and the western boundary is shown as the eastern boundary of chatkari jorh as per the map annexed.
n. bhattacharya and p. k. chatterjee for appellants.
by diverse transfers the interest of samanata vested in bagdigi kujama companylieries limited.
on those allegations they asked for the following reliefs that the intermediate boundary line between the plaintiffs companyl land and the defendants companyl land be ascertained and fixed.
on appeal the high companyrt of patna accepted all the findings of the learned subordinate judge and dismissed the appeal.
on june 10 1901 jugal kishore lal granted a lease of 96 bighas out of his 400 bighas to one d. m. mathews.
the learned subordinate judge held that the defendant had encroached upon the plaintiff companyl land that the suit was number barred by limitations and that they would be entitled to the reliefs prayed for.
the answer to this question depends upon the companyrect delineation of the boundary line between the plaintiffs leasehold and the defendants leasehold.
on june 151900 his son raja durga prasad singh granted companyl and coal mining rights in respect of 400 bighas out of 592 bighas to one jugal kishore lal.
