Judgment

GHULAM HASAN, J. : Two appeals have been filed by the plaintiff because of the existence of two decrees prepared by the High Court. The appeals are in substance against the dismissal of the suit. We accordingly treat them as one appeal.

2. This appeal by the plaintiff is directed against the judgment and decree of the High Court at Patna dated March 27, 1952, dismissing the suit of the plaintiff by reversing the judgment and decree dated February 7, 1951, of the Second Additional subordinate Judge, Sasaram, District Shahabad, who had decreed the suit, Kalyanpur Lime Works Ltd., hereinafter referred to as Lime co., instituted a suit for specific performance of the contract made by it with the state of Bihar, hereinafter referred to as defendant No. 1. To this suit Dalmia Jain & Co. Ltd., was impleaded as defendant No. 2.

3. The facts leading up to the present appeal are these :

4. Defendant No. 1 is admittedly the owner of what is called Murli Hills situate in the Sub-Division of Sasaram in the District of Shahabad, the upper portion of which is known as the upper Murli Hill and the lower portion as the lower Murli Hill. On the 1st April, 1928, the defendant No. 1 gave a lease