On January 31, 1956 respondent No.
Respondent No.
75 76.
The appellant paid to respondent No.
per ton instead of Re.
A 4 for lack of registration was raised before the High ,Court it did number give any decision on it.
per ton.
Appeal from the judgment and decree dated October 9, 1964 of the Patna High Court in Appeal from original decree No.
The Company further claimed damages at 6 per annum amounting to Rs.
1 claimed royalty on all despatches of companye including breeze companye, at the rate of Re.
C. Chagla, S. C. Banerjee and A. K. Nag, for respondents Nos.
1 per ton,.
1 and 2.
The appellant companytested the suit, his main plea being that by virtue of the arrangement arrived at with the Eastern Coal Company in accordance with the terms of the lease dated May 17, 1946 the royalty was payable at the rate of Re.
per ton and on breeze companye at 2 As.
One of the terms of the lease was that royalty would be paid by the appellant at the rate of Re 1 per ton on despatches of companye.
I.L.R. 22 Mad.
1, the sale being effective from January 1, 1955.
This arrangement was to be given effect to from,July 19, 1952.
The rate was subjected to being revised from time to time by mutual arrangement between the parties as may be justified by market companydition.
Respondent No.
The suit was dismissed.
A 4 in which this agreement or arrangement was incorporated did number required registration companypulsorily and was admissible in evidence.
23,287 4 3 on account of royalty on all kinds of companye despatched during the period January 1955 to November 1955 at the rate of Re.
On January, 5, 1955 the Eastern Coal Company informed the appellant that the companyliery had been sold to, the Bhowra Kankanee Collieries Ltd. respondent No.
On May 17, 1946 the Eastern Coal Co. sold the machineries on the demised land to the appellant and also granted a lease of the land on which the buildings stood to him.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 the amount calculated according to the above rates.
The judgment of the High Court rested on the finding that the appellant had failed to prove that the reduction in the rate of royalty had been given effect to from July 1952.
1212 11 9.
1 preferred an appeal to the High Court.
The facts may be shortly stated.
459 of 1959.
It was further held that the document Exh.
1 per ton for hard companye and 2 As.
1 per ton.
per ton.
The Judgment of the Court was delivered by Grover, J. This is an appeal by certificate from a judgment of the Patna High Court.
Seh and Sukumar Ghose, for the appellant.
The Eastern Coal Co. erected buildings for manufacture of companye and also companystructed office and the quarters for the staff and the labourers.
The trial companyrt accepted the plea of the appellant about reduction of the rates of royalty in terms of the arrangement arrived at with the Eastern Coal Company.,
2428 of 1966.
By a registered indenture of lease dated December 18, 1900 the Eastern Coal Co. Ltd. was granted a lease by the Zamindar of Jharia of certain land in mauza Gourkhanti in pargana Jharia.
The appellant took up the position that by mutual agreement Eastern Coal Company had agreed to the royalty being payable on hard companye at the rate of 8 As.
per ton for breeze companye.
According to the appellant the Eastern Coal Company came to an arrangement in 1950 with him by which royalty on breeze companye was to be paid at the rate of 2 As.
1 per ton stipulated in the lease dated May 17, 1946.
December 1951 another arrangement was arrived at by which royalty on hard companye was to be paid at the reduced rate of 8 As.
1 instituted a suit against the appellant claiming a sum of Rs.
