Shambhu Prasad Singh, J.

1. These two appeals arise out of the same suit. Hence, they have been heard together and are being disposed of by a common judgment. F. A. 248 of 1964 is by defendant No. 2 the State of Bihar, which was added as a party to the suit on 11-12-1963 after its institution. F. A. 304 of 1964 is by defendant No. 1.

2. The plaintiffs-respondents claimed a decree for the following--

(i) khas possession of the suit property;

(ii) Rs. 44,791/- as arrears of royalty and cess etc., or higher amount if so found on accounting;

(iii) dues of the plaintiffs were first charge on the suit property;

(iv) damages; and

(v) costs and interest.

Their case was that during the minority Of the original plaintiff No. 1 (who died during the pendency of the suit and some of his heirs who were not already on record were substituted in his place) and the husband of plaintiff No. 4, when their estate was under the management of Court of Wards, its Manager granted a lease (Ext. 1) of coal and coal mining rights in and under the property mentioned in Schedule A to the plaint to the father of defendant No. 1 on 5th of September, 1914. In 1943, the original plaintiff No. 1 and the hus