Judgement

Appeal from a judgment and decree of the High Court (December 19, 1906) reversing a decree of the Subordinate Judge of Manbhum.

The appellant instituted a suit claiming a declaration that the respondents had no right to the coal or other minerals under certain lands which had been leased by the appellant to the respondents predecessor in title by a mokarari pottah dated July 10, 1865. He also claimed an injunction and damages.

The material terms of the pottah were as follows " I settle in mokarari the whole of mauza Baramashya, with all rights (mai hak hakuk) as per boundaries given below appertaining to my zamindari, the third kismat, perganna Nawagarh, which is in my possession, together with bil, jhil, orchards, tanks, cultivated lands, with homestead and jungle standing on the same .... at an annual jamma of Rs.59 and two seers of ghee and one goat. You shall enjoy and hold possession of the aforesaid village with your sons and grandsons at your full bliss on payment of the said rent to me every year. If you do not pay the rent .... the mokarari will be cancelled at the end of the year.....You shall be entitled to the extra collections which will be realized in the vi