Ramaswami, J.

1. This appeal is presented on behalf of the plaintiff Jagdish Chandra Deo Dhabal Deb against the judgment and decree of the Additional Subordinate Judge of Chaibassa dated 4th June 1946.

2. The facts which lead up to the question in debate may be shortly summarised. On 27th Pous 1306 B. S., corresponding to 10th January 1900 Raja Satrughna Deo Dhabal Deb, proprietor of the Dhalbhum estate, granted a permanent mokarrari lease to Prince Mohammed Bukhlyar Shah by a registered patta and kabu-liat. The mokarrari lease related to an area of nearly 1100 Sq. miles and the Prince was granted right

to prospect and raise gold, silver, copper, lead, zinc, iron, mercury, mica, sulphur, copper sulphate, coal, chalk, red earth, ela-mati, slate stone and all kinds of precious stones such as diamond, ruby, emerald, topaz and crystals etc.. lying on the surface and subsoil of the aforesaid pargana Ghatsila".

A sum of Rs. 1,10,000 was paid as salami and the Prince covenanted to pay four annas share of the annual net profit as royalty. The Prince also agreed to provide capital necessary for the purchase of machinery for extracting and selling minerals and stones. The Prince was