Ram Prasanna Sharma, J.

The appellant has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 against the judgment and decree dated 17-11-1999 passed by the First Additional District Judge, Bilaspur in Civil Suit No. 7-A/97 wherein the said court dismissed the suit filed by the appellant for declaring the award illegal granted by the Sub Divisional Officer as per sub-clause (iv) of Section 247 of the MP/CG Land Revenue Code, 1959 (for short, the Code, 1959) in favour of respondents No. 3 and 4 to the tune of Rs. 1,57,938/- and for granting injunction to recover the amount of said award.

2. As per plaint averment of appellant/plaintiff, respondent No.4 Mrs. Krishna Mishra is a Bhoomi Swami of Khasra No. 271/1 area 1/03 acres situated at village Bodri. The appellant company had been carrying on mining operations on the land acquired in the year 1976. These lands were neighbourhood of the land of plaintiff/respondent No.4. However, land of the respondent No.4 was not acquired. The said respondent made a complaint that her land has been damaged due to mining operation carried on by the appellant. Respondent No.3 made an application on behalf of responden