( 1 ) THE facts in this case are briefly as follows: The petitioners are the owners of certain Coal Field popularly known as Diguli Colliery within the district of Burdwan. It is said that for some time the coal field was worked by the petitioners but as they were unable to carry on the business profitably they entered into an agreement on or about 12-1-1948 with one Sri A. K. Goswami. That agreement is evidenced by a registered document, a copy of which was handed over to me at the hearing. The nature of this document is relevant for determination of the points raised in this case. The document starts by describing the petitioners as owners of the properties described in the schedule annexed thereto, along with the lease-hold described and delineated in the attached plan. It is then stated that the petitioners were owners of the said properties along with the lease-hold bearing the name "the Diguli Colliery" and it was worked by the First Party, namely, the petitioners, under the name and style of "the Oriental Mining and Trading Syndicate". The document then proceeds to state as follows:"whereas it has been considered by the First Party for more efficient harnessing of