GURUSHARAN SHARMA, J. - (1.) PLAINTIFF is appellant. She filed Title Suit No. 35 of 1972 against defendants for declaration that suit land, fully described in Schedule A to the plaint, was her raiyati land, wherein she got right, title and interest and for recovery of possession. The suit was decreed. Title Appeal No. 18 of 1982 filed by her against trial courts decree was also dismissed. Hence, this second appeal by her,
(2.) AT the time of admission of this ap peal following substantial question of law was framed. "In view of the fact that Bengal Coal Company Limited, who had 2/3 interest in the village had taken the interest of other persons of the Khewat in Mokrri whether the settlement made by the Bengal Coal Company Limited, under the circumstances, can be said to be bad in law; consequently, whether it should be held that the settlement made by that Company in favour of the appellant was valid in eye of taw." According to plaintiff Bengal Coal Company held 2 annas 3 pies mukiyat inter -eat, whereas Mahto proprietors together held the rest 13 annas 9 pies in village Panwa, District Palamau. Mahto proprietors had created Mokarri interest to the extent of their share in favour of the said Company, by registered deed dated 24.11.1900 (Ext. C), whereby the said Company got right to reclaim the lands towards South and West of the village for rehabilitation of the miners or workers including labourers, coolies and officers connected with mining operation. The company also extracted coals.
(3.) PLAINTIFFS further case was that suit land was recorded as Gairmazarua Malik. Her vendor obtained the suit land (plot No. 6, area 2 acres) in raiyati settlement from the said Company on 11.1.1950, through parwana (Ext. 3) and plaintiff purchased it by two registered sale deeds dated 4.5.1970. There was a proceeding under Section 145 of the Code of Criminal Procedure over the suit land, which was finally decided on 31.1.1972 against the plaintiff.;