R G JANTHAKAL Vs. BHARAT PARIKH CO

JUDGEMENT

(1.) This appeal had appeared on earlier occasions for ad mission. Respondent had entered caveat. Counsel for parties therefore agreed to argue this case in full so that the appeal could be disposed of oae way or the other finally.

(2.) The facts leading to the appeal may be stated briefly as follows :

(3.) The plaintiff is a firm of partners owning among other things a lease-hold right in Hirekandavadi and Megalahalli villages, Holalkere Taluk, Chitradurga District. The plaintiff acquired the mining area measuring in all about 80 acres from the previous lessee of the Government one K. Raghavendra Rao. The plaintiff's mining lease area was described in schedule B property to the plaint. It was plaintiff's case that the defendant, another firm, also having right over a mining area measuring about 200 acres adjoining the plaint B schedule property had done various acts, commissions, omissions, threats, incursions and removing of manganese ore from plaintiff's B Schedule area and therefore it was necessary to declare that certain quantities (200 metric tonnes) of Manganese ore lying at the sidings of Chikkajajur and Sasalu Railway Stations belonged to the plaintiff (no specific prayer as to the nature of declaration) and that the defendant should be restrained by an injunction from interfereing with the peaceful possession and mining operations of the plaint schedule B area by the plaintiff.