1. This First Appeal arises out of a judgment and decree dated 31-1-1984 passed by Shri Eric Mechyari, First Additional Subordinate Judge, Dhanbad, in Money Suit No. 51/13/14 of 1976-79-82 decreeing the plaintiff respondents suit against the appellants.

2. The facts of the case lie in a very narrow compass.

3. The plaintiff was the owner of a colliery commonly known as Bera Colliery.

4. It is admitted that the said colliery was required to pay rent and royalty to the State of Bihar in terms of the provisions contained Mines and Minerals (Regulation and Development) Act 1957 and Mineral Concessions Rules 1960.

5. The President of India in exercise of its power conferred upon it under Art. 123(1) of the Constitution of India promulgated an Ordinance known as Coal Mines (Taking Over of Management) Ordinance 1973 which came into force with effect from 31-1-1973; whereby and whereunder the management of collieries mentioned in the schedule appended to the said ordinance including the aforementioned Bera Colliery vested in the Central Government. The said Ordinance was later on repealed and replaced by a Parliamentary Act known as Coal Mines (Taking Over of Management) Act 1973 w