Surface land grants do not imply mineral rights unless expressly conveyed or necessarily implied from the instrument.

A grant of land for cultivation or grazing does not, by itself, carry sub-soil, quarry or mineral rights. Those rights pass only if the instrument contains clear express words or a necessary implication showing that the grantor intended to transfer them. Because the grant documents here were limited to surface use and even reserved fruit-bearing trees, the claimant failed to prove that mineral rights had been conveyed through the original grant or the subsequent pattas. The claim to compensation for minerals therefore failed, and the High Court's decree on mineral and quarry rights was set aside in favour of the District Judge's order.

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Issues: Whether the patta grants, made for cultivation and grazing, carried with them sub-soil and quarry rights in the granite hillock so as to entitle the claimant to compensation for the minerals.

Analysis: The decisive question was the scope of the original grant and the subsequent pattas. The grant documents showed that the land was intended for cultivation or grazing cattle, and the grantor had expressly reserved even the fruit-bearing trees. On that footing, the claimant could not establish that mineral or quarry rights had been conveyed by express words or by necessary implication. The burden lay on the claimant to prove that such rights had passed from the original grantor and were included in the patta in favour of the predecessor-in-interest. The authorities on grants of land indicated that sub-soil rights do not pass merely because surface rights are granted, and that minerals remain with the grantor unless expressly or plainly impliedly transferred.

Conclusion: The claim to sub-soil and quarry rights failed, and the claimant was not entitled to compensation on that basis.

Final Conclusion: The decree of the High Court on the minerals and quarry rights was set aside and the order of the District Judge on that point was restored, with the appeal succeeding for the appellant.

Ratio Decidendi: Where a grant is shown to be for surface use such as cultivation or grazing, sub-soil and mineral rights do not pass by implication and must be proved by clear express grant or necessary implication from the terms of the instrument.

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