Hon’ble Sudhir Agarwal, J.—Heard Sri Ashok Kumar Pandey, Additional Advocate General, assisted by Sri R.C. Yadav, Dr. Y.K. Srivastava and Sri Lokendra Kumar, learned Standing Counsels for appellant; and, Sri Shashi Nandan, learned Senior Advocate, assisted by Sri Udayan Nandan and Sri Rahul Agarwal, Advocates, for respondent.

2. This is a defendant’s appeal under Section 96 of Code of Civil Procedure, arisen from the judgment and decree dated 2.7.1979 passed by Sri Ghanshyam Pandey, Civil Judge/Judge Small Causes Court at Allahabad in Original Suit No. 107 of 1969, whereby he had decreed the suit with cost in the following manner :

“Defendants are restrained from interfering in any manner whatsoever with the enjoyment and possession of the plaintiff over the land and mines held by her in pursuance of lease dated and as granted by the lease-deeds dated 16.4.47 and 27.4.59 and also of all the minerals extracted from mines from the areas covered by said leases. Defendants are further restrained from inviting or accepting applications and considering or granting any mining