Tenancy rights do not permit commercial brick-making from holding earth; damages may be recoverable for misuse.

A raiyat's tenancy rights under the Chota Nagpur Tenancy Act extend to domestic or agricultural use of the holding, not to commercial exploitation of earth removed from it. Converting earth into bricks and selling them for profit falls outside the protected use of the holding, so the tenant cannot claim a right to such activity. Where that misuse is proved, the landlord may recover damages reflecting the value of the earth used. A broad injunction against digging or dealing with the earth in the abstract was not justified on the facts, although relief could be available if future misuse were established.

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Issues: Whether a raiyat was entitled to manufacture and sell bricks from earth removed from the holding, and whether the landlord was entitled to damages and injunction.

Analysis: Section 21 of the Chota Nagpur Tenancy Act, as applied to the facts, permitted use of the holding only for domestic or agricultural purposes of the raiyat and his family. The tenant had not merely removed earth incidentally but had converted it into bricks and sold them commercially, thereby deriving profit from material taken from the landlord's land. That conduct was not protected by the tenancy rights. The court also declined to grant a general injunction against digging or dealing with the earth in the abstract, because no right was shown to restrain lawful improvement of the holding, though relief could arise if future misuse were proved.

Conclusion: The tenant had no right to manufacture and sell bricks from the earth of the holding, and the landlord was entitled to recover damages for the value of the earth used in the bricks.

Final Conclusion: The appellate court set aside the dismissal of the suit and granted monetary relief, while refusing the broader injunction sought.

Ratio Decidendi: A raiyat may not commercially exploit earth taken from the holding by converting it into bricks and selling them; such use falls outside the permissible rights attached to the tenancy.

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