Judgement

Appeal from a judgment and decree of the High Court (July 11, 1911) reversing a judgment and decree of the Subordinate Judge of Burdwan (May 16, 1906).

The suit was instituted by the Raja of Pachete, the first respondent, against the appellants and persons (joined as respondents to the appeal) who were the appellants lessees of lands in mauza Panchgachia, a village within the ambit of the zamindari of Pachete. The plaintiff alleged by his plaint that the mauza was an ordinary mal village of his zamindari, that the appellants had no rights in the subsoil, and that the defendants, their lessees, had been wrong fully working the coal under the mauza. The Raja claimed a declaration that he was entitled to the mineral rights in the village, an injunction, and damages. The appellants by their written statements pleaded, so far as is material, that the mauza was held by them and their predecessors under talabi brahmottar rights from a date before the permanent settlement. They claimed that their rights were those of proprietors, subject to the payment of a fixed rent, and that they had full rights in the subsoil.

The grant relied on was stated to have been lost, and no copy of i