Manohar Lall, J.

1. This is an appeal by the pltf. who is aggrieved by the decision of the learned Special Subordinate Judge of Chaibassa, dated 27-2-1946, by which he has dismissed the plfts. suit which was instituted for a permanent injunction restraining the deft. 1 from manufacturing bricks from the earth of the land described in Sch. A & also for recovery of RS. 61-8-0 as damages against the deft. for removing the earth in the form of bricks.

2. The facts found by the Cts., below are that the pltf. is a landlord & he let out survey plot No. 132 in village Galudih to deft. 1 as a raiyat. The deft. 1 dug out the earth from the surface of this holding & instead of allowing it to remain there, he manufactured bricks not for his own purposes but for commercial purposes ; thereby he made profit out of which the pltf. claimed RS. 42-8-0 being royalty at the rate of Rs. 20-8-0 for one lakh of the bricks sold.

3. Upon these findings, it is clear to us that in accordance with the provisions of 8. 21, Chota Nagpur Tenancy Act, as amended by Act XXV [25] of 1947, the deft. had no right whatsoever to manufacture the bricks which were not required for the domestic or agricultural pu