Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Subsoil Right When includes sub-soil rights. Shrotriem inam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Subsoil Right—Shrotriem inam—When includes sub-soil rights. The respondents has obtained leases for mining mica from the owners of a certain shrotriem village for one year with a stipulation that the lessors were bound to renew the !eases for such periods as may be desired by the lessees. Shortly, there- after, the village was notified and the estate of the owners was resumed by the appellant. The respondent contended that the appellant was bound to renew the leases. The appellant contended that the shrotriemdars had no right in the minerals, that they could not have granted any leases for mining the minerals and that as such no question of renewing the leases arose. Held, that shrotriemdars had no rights in the minerals and the leases granted by them to the respondent had no legal effect. The mere fact that a person was the holder of an inam grant was not by itself enough to establish that the inam grant included the grant of sub-soil rights in addition to surface rights. The grant of sub-soil rights depended upon the language used in the grant ; if there were no words in the grant fr-m which grant of sub-soil rights could be properly inferred it would only convey ‘surface rights to the grantee. The original grant in the present case was not available and the inam fair register did not show that the grant included the grant of sub-soil rights. No inference could he drawn of the grant of sub-soil rights from the fact that the inam grant iucluded poramboke (unculturable land) also, The difficulty that may arise in the woking of the mines on account of the mines vesting in the state and the surface rights vesting in the shrotriemdars could not make the shrotriemdare co-sharers in the sub-soil rights so as to entitle them to grant leases of the sub- soil rights. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 117 |
Petitioner | State Of Andhra Pradesh |
Respondent | Duvvuru Balarami Reddy |
SCR | [1963] 1 S.C.R. 173 |
Judgement Date | 1962-04-02 |
Case Number | 252 |
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