SANJEEVAMMA Vs. ANNYAPPA

JUDGEMENT

(1.) The factors which determine granting of temporary injunction are as follows:

(2.) To decide the above questions, it is relevant to extract hereunder a few facts which gave rise to two different orders to be passed by trial Court and appellate Court.

(3.) There is a quarry deposit in Survey No. 58 of Dinnehosahalli (Bande) Village of Kolar Taluk. Plaintiff herein was earlier a lessee in respect of the said quarry, which was granted to her by the Director of Mines & Geology since the said quarry is governed under the provisions of Karnataka Minor Mineral Concession Rules, 1969. It is the practice of the department to renew the same by every five years. For more than a decade, plaintiff was a lessee satisfying her compliance with the conditions imposed to earlier lease. Department renewed her lease for a further period of 5 years by an order dated 14-9-1987 with effect from 13-9-1986. A fresh Lease Deed also came to be executed.