Judgement

SHAH, J. : On December 11, 1947, the appellant granted to the Shivrajpur Syndicate Ltd. rights for mining manganese ore from lands in two villages Shivrajpur and Bhat. The following are the material terms of the indenture of lease :

"* * * in consideration of the rents and royalties covenants and agreements by and in these presents and in the Schedule hereunder written, reserved and contained and on the part of the Lessee to be paid, observed and performed, the Lessor hereby grants and demises unto the Lessee All Those the mines, beds, veins, and seams of Manganese Ore * * situate lying and being in and under the land * *.

* * * to Hold the premises * * granted and demised unto the Lessee for the term of twelve years which shall be deemed to have commenced from the first day of December One thousand nine hundred and forty-five. * * *.

yielding and paying therefore unto the Lessor the several rents and royalties mentioned in Part V of the Schedule at the respective times herein specified subject to the provisions contained in Part VI of the said Schedule."

In Parts II, III and IV of the Schedule liberties, powers, privileges, restrictions and conditions enjoyed by the lessee we