AIR 1958 SUPREME COURT 434 ::1958 SCJ 834 ::1958 SCR 1402 ::ILR 37 Pat 985

Supreme Court Of India

25th February 1958

Hon'ble Judge(s): N. H. Bhagwati, J. L. Kapur, P. B. Gajendragadkar , JJJ

Limitation Act (9 of 1908) , Art.144— Adverse possession of coal mines - Intermittent working sufficiency. Even though it may not be necessary for the purpose of establishing adverse possession over a coal mining area to carry on mining operation continuously for a period of 12 years, continuous possession of the mining area and the mine would be a necessary ingredient to establish adverse possession. Thus, where what is proved is that the two inclines originally opened in a coal mine were worked in 1917 or 1918 by the predecessor in interest of the appellants, there were no mining operations till 1923 when they were restarted and were continued till 1926, that the operations ceased in 1926 and were recommenced in 1931 and carried on till 1933 when they ceased again till 1939 and whether they were carried on in 1939 or not was not quite clear but there were no operations from 1939 when they were recommenced by the appellant : Held that intermittent working of the mine in the manner and for the period described above was wholly insufficient to establish possession which would constitute adverse possession or would lead to an inference of adverse possession in favour of the appellants :(Para 10) (2) That during the period when there were no mining operations no kind of possession of the appellant had....