The definition of "mine" in Section 2(h) of the Coal Mines (Nationalisation) Act, 1973, is limited to assets that are specifically connected with mining operations or the management of the mine.

JUDGMENT:- The only question that falls for determination in this appeal is whe-ther the suit land falls within the definition of "mine" as defined in Section 2(h) of the Coal Mines (Nationalisation) Act, 1973, or not.

2. The appellant, Coal India Limited is a Government Company. By virtue of the pro-visions of Section 3(1) of the Coal Mines (Nationalisation) Act, 1973 (hereinafter the Act) and order issued by the Central Gov-ernment in exercise of powers under Section 5(1) thereto, the right, title and interest of a limited company, namely, the Assam Rail-ways and Trading Company Limited (ARTC), Margherita in respect of the coal mine specified in the schedule to the said Act got vested in the appellant company with effect from 1-5-1973.

3. In the year 1979 the appellant company filed a suit against one Khirod Chandra Chakraborty, the principal respondent here-in, for his eviction from the suit land and for recovery of khas possession.

The case of the appellant-plaintiff, in brief, was that it was the absolute owner of the land described in the schedule to the plaint. On or about 20-10-75, the defendant No. 1 trespass-ed into the suit land and constructed a kutcha residential house and despite notice and re-peated demands did not vacate the same. So the suit.

4. The defendant No. 1 entered appearance and contested the suit by filing written statement. His case was that he was an employee of ARTC. The suit land belonged to the ARTC. It was taken by him on lease. The lease rent was regularly paid to ARTC till 1972. After 1972 it refused to accept the rent on the ground that the land had fallen under the Land Ceiling Act being in excess of ceiling limit. When the coal mines were nationalised and the right, title and interest of ARTC in respect of the coal mine was taken over by the Central Government and vested in the plain-tiff, the defendant became the employee of the plaintiff. He resigned from service in the year 1975 and as a result of a dispute that arose on his resignation in regard to payment of gratuity which had been withheld by the plaintiff for not vacating the suit land, the suit had been filed as a vindictive measure. It was stated that the plaintiff was not entitled to any relief. ARTC which was proforma-defendant did not enter appearance.

5. The Munsiff, Tinsukia (trial Court, hereinafter), considered the provisions of the Coal Mines (Nationalisation) Act, 1973, more particularly, Section 2(h) thereof and held that the suit land was not covered by the definition of Mine and, as such, it did not vest in the plaintiff. While arriving at the said finding the trial Court also considered the evidence of P. W. 1 and Ext. 4 which is the patta in respect of the suit land and observed that the dag in which the suit land was situated (Ext. 4(1)) was a Faringati i.e. culti-vable high land. In that view of the matter it was held that the plaintiff had no title over the suit land and, as such, it was not entitled to the relief sought for. This judgment was affirmed on appeal by the Assistant District Judge. Having lost in both the Courts below the plaintiff has filed this second appeal.

6. There is no dispute that the right, title and interest of ARTC in the coal mine named Borgolai situated at Post Office Borgolai was acquired by the Central Government by the Coal Mines (Nationalisation) Act, 1973. The name of this mine finds place in the schedule to the Act at Serial No. 4.

7. The only question that arises for determination is whether the suit land forms part of the mine. For that purpose it will be necessary to have a look at the object of the Nationalisation Act and subject-matter of acquisition. In other words, it is to be seen as to what are the rights of the owners which stood transferred and vested in the Central Government and in turn to the Government Company, Coal India Limited.

8. The Coal Mines (Nationalisation) Act was enacted to provide for acquisition and transfer of the right, title and interest of the owne