BASTACOLLA COLLIERY CO LTD Vs. BANDHU BELDAR
LAWS(PAT)-1960-3-10
HIGH COURT OF PATNA
Decided on March 23,1960

BASTACOLLA COLLIERY CO.LTD Appellant
VERSUS
BANDHU BELDAR Respondents


Referred Judgements :-

NARSYA UDPA V. VENKATARAMANA BHATTA [REFERRED TO]
CAWDOR V. LEWIS [REFERRED TO]
ATTORNEY-GENERAL V. DAVEY [REFERRED TO]
(PRESIDENT AND GOVERNORS) MAGDALEN HOSPITAL V. (ALFRED) KNOTTS [REFERRED TO]
WILLMOTT V. BARBER [REFERRED TO]
SHIVA SHANKAR BHARTHI V. BENI RAM [REFERRED TO]
BENI PERSHAD KOERI V. DUDHNATH ROY [REFERRED TO]
ISMAI KANI ROWTHEN V. NAZARALI SAHIB [REFERRED TO]
NUNDO KUMAR NASKAR V. BANOMALI GAYAN [REFERRED TO]
THAKOOR CHURDER PARAMANICK V. RAMDHONE BHUTTACHARJEE [REFERRED TO]
ISMAIL KHAN MAHOMED V. JAIGUN BIBI [REFERRED TO]
THAKORE FATESINGJI DIPSANGJI V. BAMANJI ARDESHIR DALAI [REFERRED TO]
PARAMESWARAM MUMBANNOO V. KRISHNAN TENGAL [REFERRED TO]
NAINAPILLAI MARAKAYAR V. RAMANATHAN CHETTAIR [REFERRED TO]
RAMKRISHNA JHA V. JAINANDAN JHA [REFERRED TO]
BADAL CHANDRA SADHUKHAN V. DEBENDR NATH [REFERRED TO]
RAM RACHHYA SINGH V. KAMAKHYA NARAYAN SINGH [REFERRED TO]
PERIANAN CHETTY V. GOVINDA RAO [REFERRED TO]
RANI BHUNESHWARI KOER V. SECRETARY OF STATE [REFERRED TO]
RAM LOCHAN BAID V. KUMAR KAMAKHYA NARAIN SINGH [REFERRED TO]
HARI GIR V. KAMAKHYA NARAYAN [REFERRED TO]
GOBERDHAN GORAIN V. SHIBAKALI [REFERRED TO]
RAM KUMAR DAS VS. JAGDISH CHANDRA DEO DHABAL DEB [REFERRED TO]
DUKHU MAHTHA VS. NANDLAL TEWARI [REFERRED TO]
HARI PROSAD AGARWALLA VS. ABDUL HAQ [REFERRED TO]
MAHARAJ SINGH VS. BUDHU CHAMAR [REFERRED TO]
HIRALAL REWANI VS. BASTOCOLLA COLLIERY CO LTD [REFERRED TO]
MOHAMMED ALI KHAN VS. KANAILAL HALDAR [REFERRED TO]
N VARADA PILLAI VS. JEEVARATHNAMMAL [REFERRED TO]
KUMAR KAMAKHYA NARAYAN SINGH VS. RAM RAKSHA SINGH [REFERRED TO]
DARBARI LAL MUDI VS. RANEEGANJ COAL ASSOCIATION LTD [REFERRED TO]
KALA DEVI VS. KHELU RAI [REFERRED TO]
MADHAVRAO VAMAN VS. RAGHUNATH VENKATESH [REFERRED TO]
NAWABZADA MOHAMMAD LIAQAT ALI KHAN VS. AJUDHIA PRASAD [REFERRED TO]
G H C ARIFF VS. JADUNATH MAJUMDAR BAHADUR [REFERRED TO]
RAMA BAHADUR KAMAKSHYA NARAIN SINGH VS. HARKHU SINGH [REFERRED TO]
SUBODH CHAND MITTER VS. BHAGWANDAS SHA [REFERRED TO]
MAINA SAHU VS. MAHANTH BALAK DAS [REFERRED TO]
RABINDRA CHANDRA GHOSH VS. MAHTHA GAURI SINGH [REFERRED TO]



Cited Judgements :-

JAGAT TARAN BERRY VS. SARDAR SANT SINGH [LAWS(DLH)-1979-5-10] [REFERRED]
M VIJAYA RAM VS. KAMARAN [LAWS(APH)-1982-10-34] [REFERRED TO]
M VIJAYA RAM VS. KAMARAN [LAWS(APH)-1982-11-26] [REFERRED TO]
P G AND SAWOO P LTD VS. UNION OF INDIA [LAWS(CAL)-1974-5-27] [REFERRED TO]
HITKARINI SABHA VS. CORPORATION OF THE CITY [LAWS(MPH)-1960-9-9] [REFERRED TO]
PIECO ELECTRONICS AND ELECTRICALS LTD VS. TRIBENI DEVI [LAWS(CAL)-1989-7-6] [REFERRED TO]
S S K S BASKARAN DIED VS. N THIRUGNANASUNDARAM PILLAI [LAWS(MAD)-1998-2-178] [REFERRED TO]
PRITILATA DEVI VS. BANKE BIHARI LAL [LAWS(PAT)-1962-5-10] [REFERRED TO]
CHAPALA DEVI VS. RAKHAL CHANDRA SEN GUPTA [LAWS(PAT)-1964-2-6] [REFERRED TO]
JULUMDHARI RAI VS. DEBI RAI [LAWS(PAT)-1964-12-11] [REFERRED TO]
ABDUL SATTAR MIAN VS. KAILASH PRASAD [LAWS(PAT)-1965-7-11] [REFERRED TO]
RAMAYAN SARAN VS. PATNA IMPROVEMENT TRUST [LAWS(PAT)-1970-12-13] [REFERRED TO]
SHAIKH BANDE VS. JETHUA PAHAN [LAWS(PAT)-1974-9-1] [REFERRED TO]
ABDULAHED MOULVI ABDULSAMAD VS. GULAMAHMED GULAMNABI BARDOLIWALA [LAWS(GJH)-1973-4-13] [REFERRED TO (FB).]
ATYAM VEERRAJU VS. PECHETTI VENKANNA [LAWS(SC)-1965-9-15] [REFERRED]
ADMINISTRATOR OF DISTRICT BOARD VS. DEONATH SAHAY [LAWS(PAT)-1969-8-2] [REFERRED TO]
STATE OF BIHAR VS. DEVI LALL [LAWS(PAT)-2009-1-34] [REFERRED]
NAND LAL SHARMA VS. BAJRANG LAL AND OTHERS [LAWS(PAT)-1976-2-23] [REFERRED TO]
UMA PODDAR VS. JASPAL SINGH CHANDHOK [LAWS(CAL)-2019-11-33] [REFERRED TO]


JUDGEMENT

K.Sahai, J. - (1.)These two appeals by the plaintiff, a company called Bastacolla Colliery Co". Ltd., arise out of two suits for ejectment of the principal defendants from certain lands situated in village Bastacolla and for issue of directions to those defendants to remove all structures and materials from the lands in suits within the time fixed by the Court. The appeals have been placed for disposal before this Bench owing to a conflict of decisions in this Court on two of the points involved in them. They have been heard together, and both are being disposed of by this judgment.
(2.)It is not disputed that New Beerbhum Coal Company Limited previously held the underground coal-mining rights and surface rights in the lands of the whole of village Bastacolla, with the exception of some culturable lands, as permanent lessees, nor is it disputed that the plaintiff company has acquired them from the New Beerbhum Coal Co. Ltd. It further appears that Ganpat Beldar (deceased), the husband of defendant No. 1 in Title Suit No. 150/14 of 1950/52, who has also since died, and Bandhu Beldar, the only principal defendant in Title Suit No. 151/17 of 1950/52, executed kabuliyats in the year 1.920 in respect of the lands in dispute in the two suits in favour of the New Beerbhum Coal Co. Ltd.; but the company did not execute any patta in their favour.
(3.)Shortly stated, the plaintiff's case in both the suits is that Ganpat and Bandhu verbally took lease of the lands in dispute for residential purposes in 1920, and that subsequent execution of kabuliyats by them did not legally create any permanent lease in their favour in the absence o pattas. Their names were later wrongly recorded in the survey khatian as raiyati kaimi tenants in respect of the lands in dispute in the two suits. The principal defendants (who will henceforth be referred to as the defendants) are, in fact, tenants" holding leases from month to month. The plaintiff gave them due notices to quit; but they have not vacated the lands.


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