Judgment

ALAGIRISWAMI, J. :- This appeal is against the judgment of the Patna High Court by Special leave granted by this Court. It arises out of a mining lease granted by the 1st respondent but alleged to have been done so in the name of the 1st respondent by the 2nd respondent in favour of Harisharan Singh J. D. and Co. on 7-9-1950. In pursuance of the lease a sum of Rs. 80,000/- was paid to the 1st respondent. The plaint allegation was that the 1st respondent was a limited company created by the 2nd respondent. There was an earlier lease in respect of the same property in favour of respondent. 3 and 4 which expired on 4-4-1950. Haricharan Singh J. D. and Co. later changed its name to Kuju Collieries Ltd. who are the appellants. As the plaintiff did not get the possession of the leased property it instituted a suit for recovery of possession of the leased property along with mesne profits and in the alternative for refund of the sum of Rs. 80,000/- and certain other sums. The present appeal is however, concerned only with that amount.

2. In the suit the 1st respondent and the 2nd respondent took the stand that the 1st respondent was not created by the 2nd respondent that the lease