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1945 Supreme(Mad) 236

KUPPUSWAMI AYYAR
V. Pedda Rangaswami Shreshti by agent and power of attorney holder, V. Subba Rangayya Setty – Appellant
Versus
Sri Vishnu Nimbaker by agent and power of attorney holder C. Srinivasa Rao – Respondent


JUDGMENT

Kuppuswami Ayyar, J.

1. The appellant is the plaintiff and he had obtained a license from the Government to prospect for red oxide of iron in some lands in Janikunta village, Bellary taluk. His case was that the defendant also had obtained a license for prospecting the same ore in the vicinity and had carried away ore taken from the area for which he held a license. He sought to recover 65 tons of mineral ore alleged to have been so removed by the defendant from his field, and he prayed for an injunction restraining the defendant from entering the plaintiffs land or removing any material therefrom. The defendant pleaded that the suit was not maintainable, that the plaintiff had no title to the land and that he was not entitled to the injunction sought. The learned District Munsiff dealt with two issues, namely, whether the suit as framed was not maintainable and whether the plaintiff had title to the suit plot and if so, was not entitled to the injunction claimed for (issues 1 and 8). But he gave a finding on the first issue and without any specific findings on the eighth issue dismissed the suit. On appeal the learned District Judge also dismissed the suit agreeing with the




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