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1949 Supreme(Pat) 100

S.K.DAS, REUBEN
Subodh Gopal Bose – Appellant
Versus
Province Of Bihar – Respondent


Judgment

1. This is an appeal from an order dated 21st September 1949, of the learned Subordinate Judge of Sasaram, rejecting an application for an ad interim order of injunction made by the plaintiff of Title Suit No. 51 of 1949 pen-ding before the said Subordinate Judge. The plaintiff-petitioner is the appellant before us. The respondents, who were defendants in the action, are (1) the Province of Bihar, (2) the Collector of Shahabad, (3) the Additional Sub-divisional Officer, Sasaram and (4) Dalmia Jain and Co. Ltd.

2. The material facts are the following: The appellant styling himself as the proprietor of Kuchwar Lime and Stone Company (which company has to be distinguished from Messrs. Kuchwar Lime and Stone Company Limited, now in voluntary liquidation) brought the suit for a declaration that he is entitled to quarry lime Stone and manufacture lime from certain properties known as upper Murli hill and lower Murli hill, with details of area, boundaries, etc., mentioned in a schedule appended to the plaint, and for a permanent injunction restraining the respondents from dispossessing, or disturbing the possession of, the plaintiff from the said properties. The allegations made b



























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