Judgement

PUNCHHI, J.:- We are required in this appeal to ascribe a meaning to the word "royalty" figuring in a deed of assignment of mining rights between two beings, both devoid of regalia.

2. In its primary and natural sense "royalty", in the legal world, is known as the equivalent or translation of jura regalia or jura regia. Royal rights and prerogatives of a sovereign are covered thereuner. In its secondary sense the word "royalty" would signify, as in mining lease, that part of the reddendum, variable though, payable in cash or kind, for rights and privileges obtained. It is found in the clause of the deed which the grantor reserves something to himself out of that which he grants. It may even be a clause reserving rent in a lease, whereby the lessor reserves something for himself out of that which he grants. But "What is in a name ? a rose by any other name would smell as sweet". So said Shakespeare.

3. We will now get on to the merit of the matter.

4. The appellants are the plaintiffs. They are the heirs of one Sardar Pishora Singh Sial. By deed Ex. D-2 dated 19-11-1938, Pishora Singh obtained a mining lease from the erstwhile Government of Central Provinces for extraction of