Kanhaiya Singh, J.

1. Raja Bahadur Kamakshya Narain Singh, the proprietor of the Ramgarh estate, commonly known as the Ramgarh Raj, first executed agreements of lease in 1945 and 1947 in favour of the respondents, Ramgarh Farms and Industries limited, whom I shall call the Company, and in furtherance of those agreements subsequently executed a registered lease on 12th February, 1948, granting permanent raiyati interest in respect of vast lands belonging to the Ramgarh Raj on payment of salami. In 1953 the State of Bihar served upon the respondents a notice dated 14th December, 11953, issued under Sec. 4 (h) of the Bihar Land Reforms Act (hereinafter referred to as the Act) to enquire into the validity or otherwise of the alleged settlements of land by the proprietor of the Ramgarh Raj in favour of the Company.

Thereupon, on 19th February, 1954, the Company instituted Title Suit 12 of 1954 against the State of Bihar, substantially on the ground that by virtue of the lease the lands were demised to the Company for cultivation and reclamation of waste land, that thereby it acquired permanent raiyati interest, that raiyati interest had been specifically excepted by Sec. 4 (a) o