Vishnudeo Narayan, J.

1. This appeal at the instance of the appellant (who was defendant No. 2 in the suit) has been preferred against the impugned judgment and decree dated 20.02.1995 and 08.03.1995 respectively passed by Shri Azad Chandra Shekhar Prasad Singh, Sub-Judge VI. Ranchi in Title Suit No. 147 of 1976 whereby and whereunder the said title suit was decreed in part directing defendant Nos. 1 to 3 to pay a sum of Rs, 25"51,568.16 paise along with interest pendente lite and future @ 6% within three months.

2. The plaintiff-respondent No. 1 had filed Title Suit No. 147 of 1976 on 15.09.1976 against the defendant-appellant and proforma defendant-respondent Nos. 2 and 3 for a declaration that the goods mentioned in Schedule A of the plaint were taken over from the custody of the plaintiff-respondent on 18.09.1973 and 19.09.1973 illegally and without any authority of law and they did not vest in the Central Government and subsequently in the Coal Mines Authority Limited and its successors i.e. defendant-appellant and defendant- respondent Nos. 2 and 3 under the Coal Mines (Taking Over of Management) Act, 1973 and Coal Mines (Nationalization) Act, 1973 or any other law and further for realization of Rs. 1568.16 paise being the balance amount of the hire charges up to 17.09.1973 for one dozer and five trucks as per Schedule B of the plaint and also a sum of Rs. 42,65,381/- as damages as per his Bill No. 8/73, 9/73, 10/73, 11/73, 12/73 and 13/73 of dated 01.07.1976 as per Schedule A, C, D, E. F. G, H and A/1 of the plaint.

3. The case of the plaintiff-respondent, inter alia, is that proforma defendant-respondent No. 7 Karanpura Dewarkhand Colliery Private Limited was the owner of Karanpura Dewarkhand Colliery, P.O. Khelari. District Ranchi prior to the vesting of the Coal Mines under the Coal Mines (Nationalization) Act, 1973 and the plaintiff-respondent entered into a contract with defendant-respondent No. 7 for removal of over burden work in the said colliery and in pursuance to the said contract and for execution thereof the plaintiff-respondent absolutely as an independent Contractor started the work and sent some of his staff, machineries, stores and equipment and from time to time brought diverse stores and machinery in the said colliery for the said contractual work and also constructed two brick built structures with A.C. sheet roofing consisting of nine rooms bathroom and latrine in an area of about 2000 sq. ft, on the land temporarily-provided by defendant-respondent No. 7 in the said colliery for his staffs and stores at his own cost on the verbal understanding that the plaintiff-respondent shall after the completion of the contract either dismantle and remove the said structure or sell the same to the suitable buyers with the consent of defendant-respondent No"" 7 and the plaintiff-respondent had to incur a cost of Rs. 60.000/- over the construction. The plaintiff-respondent was duly discharging the work as Contractor under the said contract and submitting bills and receiving payments from defendant-respondent No.7. The Coal Mines (Taking Over of Management) Ordinance, 1973 was promulgated on 30,01.1973 which was subsequently repealed by the Coal Mines (Taking Over of Management) Act. 1973 and the management of the said colliery was taken over by the Union of India and it was entrusted to a Government body known as Coal Mines Authority and a custodian was appointed therein. At the time of the promulgation of the said ordinance the plaintiff-respondent had its machinery and equipment in the said colliery as goods brought by the plaintiff-respondent from outside in the said premises for execution of the said contractual work. At that time three trucks belonging to defendant-respondent No. 4 and one truck belonging to the plaintiff- respondent were stationed at Ranchi for registration purposes. The plaintiff-respondent was in many ways linked and connected with defendant- respondent No. 4 and some of the machin