U.N.Sinha, J.

1. This appeal was originally heard by a Division Bench of this Court composed of Mr. Justice U. N. Sinha and Mr. Justice S. N. P. Singh, who differed in their opinion, in consequence of which it has been laid before me.

2. The appeal is directed against an order of the learned Subordinate Judge of Hazaribagh appointing a receiver of the properties which are the subject-matter of Title Suit No. 16 of 1961 instituted by the State of Bihar on the 9th of May 1961. The appellant, a public limited company, is the first defendant in the suit. Some of the relevant facts necessary for the decision of the present controversy are these:

On the 24th December 1947, Raja Bahadur Kamakhya Narain Singh, the recorded proprietor of Ramgarh estate bearing Tauzi No. 28 of Hazaribagh Collectorate, granted a coal and all mineral lease in and over 312 villages to Rajasthari Mines Limited. Again on the 19th February 1948, the Raja Bahadur granted another coal lease in and over 7500 standard bighas and in 261 other villages with all mineral rights therein to another company, Jharkhand Mines and Industries Limited". The first lessee will hereafter be referred to as Rajasthan and the s