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PETITIONER: SHREEMATI KASHI BAI
Vs.
RESPONDENT: SUDHA RANI GHOSE AND OTHERS
DATE OF JUDGMENT: 25/02/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. BHAGWATI, NATWARLAL H. GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 434 1958 SCR 1402
ACT: Adverse possession--Coal mine--Trespass and intermittent Working --Whether can constitute adverse possession.
HEADNOTE: The appellants and the respondents were lessees of coal mining rights in adjoining areas. In 1917 the predecessors in interest of the appellants trespassed into a portion Df the lands leased to the predecessors in interest of the respondents, sank two inclines and two air shafts and (lug out coal therefrom. There were no mining operations till 1023 when they were restarted and continued till 1926, and were recommenced in 1931 and carried on till 1933. In 1939 the mine was worked for a short time. In 1944 the operations were recommenced by the appellants. In 1945 the respondents brought a suit for fixation of the intermediate boundary, for possession of the area trespassed upon and for compensation for coal illegally removed by the appellants. The appellants contended, inte alia, that they had been in sole, exclusive, uninterrupted possession of the area in dispute openly to the knowledge of the respondents and had acquired title by adverse possession: Held, that the intermittent working of the m...