Das, J.

1. This is an appeal from an order of the learned Subordinate Judge of Sasaram, dated 1-6-1950, rejecting a prayer for an ad interim injunction, under the provisions of Order 39, Civil P. C., against the defendants in the action, namely, (1) the State of Bihar and (2) Messrs Dalmia Jain & Company Ltd. The form of the order of injunction which the appellant, plaintiff in the action, asked for was in these terms (I am quoting the prayer portion of the petition for interim injunction):

"It is, therefore, prayed that your honour may be pleased to restrain defendant 1 from executing any lease in favour of defendant 2 during the pendency of the suit."

2. The facts leading up to the suit and the prayer for interim injunction are these : There is a Hill known as Murli Hill (the upper portion being known as upper Murli Hill and the lower-portion as lower Murli Hill) within the sub division of Sasaram in the district of Shahabad, The Hill contains lime stone etc. On 1-4-1928, the Secretary of State for India (the then competent authority) granted two leases to the Kutchwar Lime and Stone Company Ltd. (hereinafter to be referred to as Kutchwar) in respect of the two portions o