( 1. ) THE defendants 1 to 4 in Civil Suit No. 25-A of 1976 appeal against the judgment and decree for Rs. 1,69,052. 00 passed against them and in favour of plaintiff/respondent No. 1. Respondents 2 to 5 were also defendants 5 to 8 in that suit, No decree has been passed against them.

( 2. ) THE respondent/plaintiff Associated Cement Company Ltd. held a mining lease over an extensive area including Khasra No. 325 in village Amehta, Tahsil murwara, District Jabalpur. The appellants also held like lease in respect of the adjoining Khasra No. 326 which is towards south of Khasra No. 325. Adjoining and towards north of Khasra No. 325 is Khasra No. 319. This is held on lease by other respondents, i. e. , respondents 2 to 5. All the parties were engaged in extracting lime stone from various quarries. According to the plaintiff, appellant Ramnaresh Swami (defendant No. 3 in the suit) informed the plaintiffs Manager on spot and complained that respondents 2 to 5 were illegally extracting lime stone on Khasra No. 325 held by the plaintiff. This put the plaintiff to inquiry, the plaintiff got the Khasra measured through the Tahsildar. A revenue survey also took place and yet another