Judgement

Appeal (No. 22 of 1932) from a decree of the High Court (February 18, 1930) affirming a decree of the Subordinate Judge of Asansol (July 12, 1927).

The plaintiff, respondent No. 1, and his three brothers, were shebaits of their family idol. On May 24, 1901, they executed a mining lease of the interest of the idol in a mauza. The material terms of the lease appear from the judgment of the Judicial Committee. It was found that the interest of the idol in the mauza was an 8-annas share. The defendant company (appellants) were transferees of the lessees interest in the lease. They were also transferees of three other mining leases which together covered the other 8-annas share in the mauza, and had been raising coal from the property since 1914.

Law. Rep. 61 Ind. App. 35 ( 1933- 1934) Baraboni Coal Concern, Limited V. Gokulananda Mohanta Thakur 193

In 1924 the first respondent instituted the present suit against the appellants claiming a one-quarter share in royalties (described in the lease as commission) due under the lease executed by the four shebaits ; he joined the other shebaits as defendants. The appellants by their written statement contended (inter alia) that an ind