K.Sahai, J.

1. These two appeals by the plaintiff, a company called Bastacolla Colliery Co". Ltd., arise out of two suits for ejectment of the principal defendants from certain lands situated in village Bastacolla and for issue of directions to those defendants to remove all structures and materials from the lands in suits within the time fixed by the Court. The appeals have been placed for disposal before this Bench owing to a conflict of decisions in this Court on two of the points involved in them. They have been heard together, and both are being disposed of by this judgment.

2. It is not disputed that New Beerbhum Coal Company Limited previously held the underground coal-mining rights and surface rights in the lands of the whole of village Bastacolla, with the exception of some culturable lands, as permanent lessees, nor is it disputed that the plaintiff company has acquired them from the New Beerbhum Coal Co. Ltd. It further appears that Ganpat Beldar (deceased), the husband of defendant No. 1 in Title Suit No. 150/14 of 1950/52, who has also since died, and Bandhu Beldar, the only principal defendant in Title Suit No. 151/17 of 1950/52, executed kabuliyats in the yea