TARKESHWAR SIO THAKUR JIU vs BAR DASS DEY & CO. AND ORS.

The Supreme Court held that the transaction in question, evidenced by the document dated April 27, 1950, was a 'lease' rather than a 'license', emphasizing that the substance of the transaction must be considered over its form. The Court clarified that the land in dispute was not a 'mine' as defined under the Mines Act, 1952, since the sand deposits were on the surface and did not constitute mining operations. Consequently, the appeal was dismissed, affirming the lower court's decision that the appellant was not entitled to retain possession under Section 6 of the Bengal Estates Acquisition Act, 1953.