Judgment

Ramaswami J.:- This appeal is brought by certificate from the judgment of the Punjab High Court dated March 19, 1965 in L.P.A. Nos. 230/302 of 1962.

2. Sardar Sewa Singh Gill (respondent No.1) wanted to promote a company for the manufacture of Banaspati and for that purpose he approached the Maharaja of Patiala for certain concession and grant of land at Doraha. Subsequently by an order of the Ijlas-I-khas dated October 29, 1946 it was decided to give to Sardar Sewa Singh Fill a plot of land measuring about 96, 700 sq. yds. Doraha. This plot of land was to be made over to him on payment of the costs of the land. Certain undertakings were given by the respondent No.1 Possession of the land was handed over to respondent No.1 on November 17, 1947 vide Ex. P.W.I/1 report No.96. On February 4,1947 an agreement. Ex. C.W. 1/3 entered into between Sewa Santokh Brothers (P) Ltd. and the Patiala State for grant of certain concessions for the establishment of the ghee factory. The ghee factory that was to be established was styled as the Patiala Banaspati and Allied Products Co. Ltd., (hereinafter referred to as the Company). Clause 6 of the agreement states:

"The Patiala State agree t