RAMJAS FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This regular second appeal has been directed against the order dated 8th March ,1973 passed by Shri S. R. Goel, Additional District Judge, Delhi whereby the appeal of the appellant, filed against the judgment and decree dated 2.3.1972 passed by Shri R. Dayal, Sub Judge 1st Class, Delhi, has been dismissed.

(2.) The appellant-plaintiff has filed a suit for permanent injunction restraining the defendant from interfering with the plaintiff in excavating, digging and gathering stones from the land of Khasra plots 1018/342 and 344 situated within the revenue estate of village Sadhora Khurd, Delhi without payment of any royalty to the Government under the provisions of Minor Minerals Rules, 1938 and from prosecuting the plaintiff for the alleged breach of the provisions of Minor Minerals Rules, 1938. In that suit as many as six issues were framed, out of which Issue No. 3 is relevant to determine the point in controversy between the parties. Issue No. 3 reads as under :

(3.) Ms. Shyamla Pappu, Sr. Advocate for the appellant, has tried to assail this finding.