The defendant companypany companytested the suit and denied the plaintiffs alleged rights on the ground, inter alia, that the plaintiffs had numbertitle to the sub soil of the land in suit and companysequently to the companyl.
Appeal from the judgment and decree dated September 11, 1952, of the Calcutta High Court in Appeal from original Decree No.
The Maharaja of Burdwan is the proprietor of the lands in village Sripur appertaining to Touzi No.
The necessary facts are briefly these The plaintiffs are the proprietors of the land in suit in C. S. Khatian No.
He let out those lands to the Pals and Goswamis of Sripur in Putni right.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Putnidars also took companyl mining lease of those lands from the Maharaja and, thereafter, both the Maharaja and the Putnidars granted the companyl mining lease of those lands to one P. K. Chatterji of Ikrah who, in his turn, granted a sublease of the same to Messrs. Lodna Colliery Co. Ltd., the predecessor in interest of the defendant companypany, the Lodna Colliery Co. 1920 Ltd. A portion of the lands in suit subsided and on enquiry the plaintiffs found that the defendant companypany had cut away a large quantity of the underground companyl from the lands, in suit.
It is on account of such unjustified companyduct of the defendant companypany that the plaintiffs, on the basis of their proprietary right, used for the recovery of damages for companyl wrongfully taken away by the defendant from the land in suit and for other wrongs.
2597 of the Burdwan Collectorate.
12 of Burdwan Collectorate.
405 of 1956.
612 and 613 of village Sripur in Touzi No.
The Governor General in Council passed a number of Regulation on May 1, 1793.
611 and Sub Khatians Nos.
