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2012 Supreme(Kar) 16

RAM MOHAN REDDY
MSPL Limited – Appellant
Versus
S. B. Minerals – Respondent


Advocates appeared:
For the Petitioner:C.S. Vaidyanathan, Sr.Adv. for M.M. Swamy, Advocate. For the Respondents:D.L.N.Rao, Sr.Adv. for Ananth Mandagi, Sr. Adv. & Smt.S.R. Anuradha, Advocate, N. Devadas, Sr.CGSC for B. Papegowda, S.B. Kanvi &
H.C. Sundaresh, CGSC.

Judgment :-

1. The defendant in O.S.No.82/2006 on the file of the Prl.Civil Judge (Jr.Dn) and JMFC, Hospet, aggrieved by the Judgment and decree dt. 8.2.2008 allowing the suit, preferred RA 19/2009 whence the Addl. Civil Judge (Sr.Dn), Hospet reversed the Judgment and decree and dismissed the suit by Judgment and decree dt. 29.6.2009. Hence this second appeal by the plaintiff.

2. Parties, hereinafter, are referred to as described in the plaint.

3. The panorama of factual position as set out in the pleadings of the parties is:

I. PLAINT ASSERTIONS:

(i) The plaintiff is a limited company incorporated under the Companies Act, 1956 engaged in the business of mining and marketing all minerals including iron ore. One K.Narayanaiah was grantee of a lease by the then Government of Madras to mine iron ore for a period of 10 years in portions of land in Sy.Nos.1, 4, 5 and 6 of Vyasanakere village, Hospet taluk together measuring 858 acres, said to be transferred to the plaintiff during the year 1962 by the erstwhile State of Mysore and renewed from time to time for block periods of 20 years each, the latest during June 2003 w.e.f. 14.11.2002, followed by the execution of the lease deed of
























































































































































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