Decided on January 17,1952



Lakshmikanta Jha, C.J. - (1.) The appeal arises out of a suit for recovery of royalty, income-tax and other public demands in respect of a leasehold. The liability for the payment of the dues claimed in the suit is based upon the terms of a contract embodied in a mining lease. The trial Court passed a preliminary decree for a part of the claim and directed the exact amount to tie ascertained by a Commissioner in the manner indicated in the judgment. Defendants Nos. 3 to 8 are members of the family of defendants Nos. 1 and 2, and defendants Nos. 9 and 10 are the transferees of the interest of defendant No. 3, but the suit has been contested only by defendants Nos. 1 to 8 and they are the appellants here.
(2.) Defendants Nos. 1 and 2 took a mining lease under a registered patta and kaouliat (Ex. 1), dated the 26th April 1937, from the plaintiffs for a period of 930 years in respect of a coal mine in village Jairamdih. It is relevant to quote here paragraphs 2, 3, 4 and 6 of the kabuliat: "2. That we as well as our heirs and successors in interest in succession shall remain bound to pay every one of you separately according to your share every month, commission at the rate of -/8/- eight annas per ton on all Kinds of kucha coal, i.e., steam, rubble, slack and dust etc., and -/12/- annas per ton on burnt, i.e., soft coke and Re. 1/- per ton on hard coke, which shall be raised and despatched from the said colliery,
(3.) That we shall submit to every one of you a copy of account of coal which shall be raised and despatched by Railway wagons from the said colliery in each month according to the English Calendar within 7 days of the month following and the commission on the amount of coal despatched, shall be paid by us and our heirs and successors-in-interest- in succession within 7 days of the month following. Should we fail to pay within the said 7 days, we as well as our heirs and successors in interest in succession shall remain bound to pay the same with interest there-on at the rate of Rs. 2/- (rupees two) per cent per month from the beginning of the month.;

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