Judgment

Das J.- This appeal arises out of a suit filed by the appellants on 2-1-1941, in the Court of the Subordinate Judge, Asansole. That suit came to be filed in circumstances which may now be stated shortly.

2. A suit had been instituted by one Kumar Dakhineswar Malia against Rameswar Malia, Rani Bhaba Sundari and others for partition of the Searsole Raj Estate. One Bhagabati Charan Mitra was appointed receiver of that estate in that suit. On 10-8-1908, the said receiver with the permission of the Court which had appointed him as receiver granted two mining leases, each for 999 years-one in respect of 5/16 share of the Malias in Mouza Monohar Bahal and the other in respect of 230 bighas in village March Kota-to a firm then carrying on business under the name and style of Laik Banerjee & Company. On the same day, the said receiver with like permission mortgaged these properties to the said firm as security for the due repayment of the loan of Rs. l00,000 advanced by that firm. The Malias joined the receiver in executing the aforesaid leases and the mortgage. As a result of these transactions the firm of Laik Banerjee & Company became the lessees for 999 years of the two propert