The suit property was owned by M s.Nichitpur Coal Company Private Limited hereinafter referred to as the Company , which is registered under the Indian Companies Act.
Thereafter under the order of the Central Government, the vested properties stood transferred to and vested in the Government Company named M s. Bharat Coking Coal Ltd. for short BCCL .
91 to 94 appertaining to Khatian No.2 of mouza Nichitpur hereinafter referred to as the suit property and for permanent injunction restraining the respondents from interfering with their possession.
By a resolution of the board of directors of the Company dated September 21, 1970, it was resolved to sell the suit property to the appellants for a companysideration of Rs.5,000/ .
The appellants plaintiffs filed Title Suit No.28 A of 1976 in the companyrt of the Subordinate Judge, Ist Court, Dhanbad, praying for a declaration of title in respect of a bungalow and a piece of land measuring 1.38 acres companysisting of survey plot Nos.
As the appellants did number hand over the possession of the suit property to BCCL, it initiated proceedings under the Public Premises Eviction of Unauthorised Occupants Act, 1971 for short the P.P. Act for their eviction from the suit property on October 15, 1976.The Coal Mines Nationalisation Act, 1973 for short the Act of 1973 came into force on May 1, 1973 and from that date the right, title and interest of the owners in relation to the companyl mines specified in the Schedule appended to the Act of 1973 the said Company is mentioned at serial No.133 of the Schedule vested in the Central Government they will hereinafter be referred to as the vested properties .
The Company executed the sale deed in their favour on March 20, 1972 Ext.9 .
However, the appellants paid Rs.7,000/ to one of the directors under receipt dated December 30, 1970 Ext.10 .
An agreement to sell the suit property to the appellants for Rs.7000/ Rs.5000/ as companysideration of the Bungalow and Rs.2000/ as price of the land was executed by the Company on January 3, 1971 Ext.8 .
Syed Shah Mohammed Quadri, J. This appeal is directed against the judgment and decree of the High Court of Judicature at Patna Ranchi Bench , in Appeal from Appellate Decree No.21 of 1979 R passed on November 11, 1997.
