1. - These two first appeals arising out of a common judgment dated 29-9-1982 passed by Sri Tarkeshwar Prasad, Additional Subordinate Judge, Dhanbad in Title Suit No. 43 of 1969, were heard together and are being disposed of by this common judgment.

2. One M/s. Bhowra Kankanee Collieries Ltd. incorporated and registered under the Companies Act, filed the aforementioned Title Suit No. 43 of 1969 under the following circumstances: - The said Company took a mining lease from the then landlord of Jharia Raj estate, Raja Durga Prasad Singh by virtue of a deed of Mokrari Mourashi Patta dated 18-12-1900, as a result whereof a lease of underground mining right of several villages including the village Gourkhunti was granted in favour of M/s. Betar Machnon and others, who accepted the said grant on behalf of the M/ s. Eastern Coal Co. Ltd. Cl. (5) of the said patta relates to the grant of lease of surface lands, the English translation whereof has been quoted in paragraph 2 of the plaint in the following terms :-

"That should you, for the purpose of carrying on mining works in the leasehold land stand in the need of surface lands for constructing quarry mines, pit mines or inclines