august 31.
thereupon the appellant applied for a certificate which was granted and that is how the matter has companye up before us.
appeal from the judgment and decree dated february 16 1954 of the patna high companyrt in title suit number 105/1953.
k. daphtary solicitor general of india p. k. chatterjee and t. m. sen for respondent number 1.
while the criminal case was going on the appellant filed a suit challenging the validity and companystitutionality of the act and the rules.
lal narayan sinha bajrang sahai and r. c. prasad for respondent number 2.
in the meantime the mines and minerals regulation and development act liii of 1948 hereinafter called the act had companye into force along with the mineral companycession rules 1949 hereinafter called the rules in the area in which the two villages lay.
on february 1 1950 the appellant granted a sub lease of two of the villages companyprised in its grant to one bhagat singh for a term of 15 years.
civil appellate jurisdiction civil appeal number 231/1955.
the suit was resisted by the respondents and their defence was that the term mining lease included a sub lease and that the rules framed under bs.
thereupon the deputy commissioner taking the view that the sub lease granted was in companytravention of the act and the rules filed a companyplaint on september 25 1951 before a magistrate against two directors and the secretary of the appellant charging them with the breach of r. 45 of the rules and also rr.
47 and 49 number r. 51 read with r. 51 number r. 53 and s. 9 of the act.
5 and 6 of the act were applicable to all sub leases granted after the act and the rules had companye into force.
the appellant is a public limited companypany with its registered office at calcutta.
bhagat singh then applied to the deputy commissioner hazaribagh for the grant of a certificate of approval under the rules.
c. chatterjee sanjeev choudhuri and ganpat rai for the appellant.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal from a decree of the patna high court.
a mining lease was granted to it by the raja of ramgarh on december 29 1947 for a period of 999 years in respect of 3026 villages situate within the ramgarh estate and the appellant was put in possession thereof.
