( 1 ) THIS appeal is by the defendants and it arises Out of a suit for a charge decree for recovery of minimum royalty, price of royalty coal and interest. The suit which was valued at RS. 8,819-1-0 was decreed in part for Rs. 7,319-1-0 with proportionate costs Rs. 831-10-6 pies, making up a total of Rs. 8,150-11-6 pies, and from that preliminary charge decree the contesting defendants have preferred the present appeal.

( 2 ) THE plaintiff respondent claims under a lease dated 4-5-1919. That lease was created by the Patta, Ext. E, and the kabuliyat, Ext. 2. This Kabuliyat was executed by the defendants' father in favour of the plaintiff's father who in his turn granted the Patta Ext. E. It was a lease of the "coal land" of Mouza Duburdihi. Under the lease the lessee obtained settlement of and became entitled to the "underground coal" of the said Mouza upon an undertaking to pay royalty or commission at the rate of 2 annas per ton on coal, raised and despatched or sold from the said Mouza, a minimum royalty of Rs. 480/- per annum and also two wagons of coal for the lessor's personal use every year. The commission (royalty) and minimum royalty were payable In two