Judgement

Consolidated Appeals (No. 62 of 1947) from a decree of the High Court (December 4, 1942) which varied a judgment and decree of the Subordinate Judge, Dhanbad (June 29, 1937). The following facts are taken from the judgment of the Judicial Committee The appellant was the owner of the Jharia estate. In 1898 his predecessor granted a mining lease of a part of that estate to the predecessor of the first respondent. The terms of that lease were set out in a Kabuliyat of October 22, 1898, which began " This kabuliyat " regarding mourushi mukarrari, i.e., permanent settlement " on commission of coal land is executed to the following " effect.” The provision the meaning of which was in dispute in the present litigation was as follows

" 1. That for the quantity of coal which I shall raise " from the leasehold entire 1103 bighas 13 kathas of coal " land of Ekra I shall pay commission, i.e., royalty on " steam coal, rubble coal, hard coke and soft coke at the " rate of 3 annas per ton and for rubble and dust for burning " bricks at 1 anna 6 pies per ton. Be it stated that I shall " pay royalty at the present fixed rate for the coals, which " will be despatched by the East Indian Rai