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1959 Supreme(Pat) 151

H.MAHAPATRA
Kundan Bai Agarwala – Appellant
Versus
Skh. Safdar Ali – Respondent


Judgment

H.Mahapatra, J.

1. Both these appeals arise out of a judgment and decree passed by the learned Additional District Judge of Manbhum-Singhbhum. In one (S. A. 1064 of 1956) the defendants are the appellants and in the others (S. A. 1291 of 1956) the plaintiffs are the appellants. The parties to this litigation are interested in coal mining rights in two adjoining blocks. The plaintiffs block of coal-land comprises of 100 bighas and it is on the west, where" us, the defendants block comprising of 50 bighas lies on the, east. The real dispute between the parties is about the common boundary line between these two blocks. The plaintiffs brought the suit for demarcation of the boundary line between these two blocks of coal-land and, furthermore, they claimed compensation, tentatively valued at one thousand rupees, from the defendants, on the allegation, that the defendants had extracted coal from under ground within the area, belonging to the plaintiffs. The trial Court decreed the suit, by determining the boundary line between the two blocks.

It further held that the exact amount of damage, caused to the plaintiffs by the removal of coal by the defendants from their area, would


















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