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1960 Supreme(Cal) 23

SINHA
KATRAS JHARIA COAL CO. LTD. – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.MUKHERJEE, C.N.LAIK, Chaudhary, J.MAZUMDAR, P.K.BANERJI, P.R.DAS, R.CHAUDHARY, S.K.Rai, S.M.BOSE, SOMENDRA C.BOSE

SINHA, J.

( 1 ) THE petitioner in this case is the Katras Jharia Coal Co. Ltd. a company incorporated under the Indian Companies Act. Mousas Seebpore and Koithi, Sub-registry Ranigunj, thana Ranigunj in the district of Burdwan, appertained to the zamindary of the Maharaja of Burdwan. In the year 1864-65 it was granted as a patni tenure to one Ram Krishna Chatterji by a patta. By the year 1895, after many devolutions, the interest came to be held by one Purno Chandra Daw. By an Indenture of Lease dated the 26th July, 1895 Purno Chandra Daw demised the lands and collieries mentioned in the said Indenture of Lease to the Katras Jharia Coal Co. Ltd. , upon a permanent lease. The Indenture of Lease purports to demise to the petitioner company, the lands hereditaments and premises known as the "seebpore and Koithi Collieries" together with all lands of every description and tenure, belonging to or held with, the Seebpore and Koithi Collieries, as also all mines beds and seams of coals and other mines and minerals whatsoever situated or lying in or under the said lands, and the other rights mentioned in the said Indenture of Lease. By an agreement dated 1st June, 1901 as modified by a fu


































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