Learned Additional District Judge, Dhanbad affirmed the findings of fact regarding the ownership and possession in favour of the plaintiff.
The case of the plaintiff was that he had purchased the plots by registered sale deed dated 10.3.1965 and thereafter companystructed building on the plots.
The Bharat Coking Coal Limited and Others aggrieved against the judgment of the trial companyrt went in appeal.
It was further alleged that the building in question is a mine as defined in Section 3 i vi of the Act and as such it vested in the Central Governments under Section 4 of the Act and subsequently in the respondent Bharat Coking Coal Limited.
v. Bharat Coking Coal Limited and Ors.
Shri Gupta was transferred to Calcutta and as such he delivered the possession of the building to the plaintiff.
It was further alleged that the right, title and interest of the owners of New Govindpur Colliery vested in the Central Government under the Coking Coal Mines Nationalisation Act, 1972 hereinafter referred to as the Act .
The purchase was number made by the plaintiff from his own money and he did number companystruct the building from his own fund.
289 of 1979 titled Bharat Coking Coal Limited and Ors.
294, 295 and 296 in village Koiridih, P.S. Baghmara in the district of Dhanbad.
The plaintiff alleged that he was the owner and in possession of the building at all material times.
Aggrieved against the aforesaid judgment of the Learned Single Judge the plaintiff has companye in appeal.
As the respondent was trying to take forcible possession of the property, he filed the aforementioned suit.
Mr. Gupta was number the tenant of the plaintiff but was a tenant of the Company who owned New Govindpur Colliery.
The building was let out to one Shri D.P. Gupta, Manager, East Khas Bhagatdih Colliery on a monthly rent of Rs.
The trial companyrt, as such, decreed the suit of the plaintiff and also granted a decree for recovery of possession as the plaintiff had been dispossessed during the pendency of the suit.
The trial companyrt held that the plots of land were purchased by the plaintiff from his own money and the building was also companystructed by him from his Own fund.
100/ .
The respondent filed a written statement and its main defence was that the land in question was purchased and the building was companystructed by the New Govindpur Colliery Company Private Limited from its own funds.
M. Kasliwal, J. This appeal by grant of special leave is directed against the judgment of the Patna High Court dated 26th February, 1981.
The appellant filed a suit for declaration, permanent injunction and recovery of 35 possession of a single storeyed pucca house standing on plot Nos.
It was also held that the building in question did number form part and parcel of the New Govindpur Colliery.
