Bhandari, J.—This is a miscellaneous first appeal against the order of the District Judge, Alwar, dated the 24th of March, 1958, by which he ordered that the factory. The Alwar Mineral Syndicate, which was the subject matter of litigation between the parties, be given on lease to Shri Ram Jawaya Kapoor (Respondent No. 1) for a term of five years from the 1st of June, 1958, at Rs. 1,000/- per month. In pursuance of that order, the Receiver who had been appointed in compliance with the order of the High Court for United State of Matsya, Alwar dated 31st of March, 1949 executed a lease on the 16th of April, 1958, in favour of Respondent No. 1 and delivered the possession of the factory premises on that date to Respondent No. 1.

2. The plaintiffs, Ram Swaroop and Ravindra, who are Respondents Nos. 2 and 3 in this appeal, instituted a suit in the court of the District Judge,, Alwar, on the 11th of January, 1949, claiming that they had two third share in the suit property and that the same should be partitioned and the defendants be also ordered to furnish accounts. An application for appointment of Receiver pending the decision of the suit was made which was refused by the trial court but ultimately the Matsya High Court on appeal directed that a Receiver be appointed of the disputed properties pending the disposal of the present suit. In pursuance of that order, the trial court appointed a Receiver under the terms and conditions set out in the order of the District Judge dated 23rd of February, 1950. One of the terms and conditions was that the Receiver shall not grant leases without the leave of the court. Thereafter, a preliminary decree was passed by the District Judge on the 14th of February, 1955, by which the plaintiffs share was determined as two-third in the suit property and the defendants share as one-third in it. It was also provided in the decree that the Receiver shall remain in possession of the property on behalf of the parties. The Receiver was also directed to divide the properties between the parties in accordance with the decree. An appeal was filed by the defendants to this Court against that decree and cross-objection was filed by the plaintiffs. This Court by its order dated the 13th of April, 1955, stayed the proceedings for the final decree. The learned District Judge felt the necessity of inspecting the site of the factory on the 24th of November, 1957, in connection with certain orders which he had to pass relating to the refund of certain money which had been lying in deposit as security. He inspected the site on the 16th of December, 1957, and found that the factory was lying in ruins and was not properly looked after by the Receiver. He was also informed by the Receiver and the Advocate of the plaintiffs that someone was anxious to get the machinery as well as the premises on lease for doing business of making powder of barytas stones. On the 17th of December, 1957, the plaintiff made two applications, one for giving the property on lease and the other for the removal of the Receiver.. On the same date, another application was made by Respondent No. 1 that he was prepared to take the factory on lease for a period of five years on a monthly rent of Rs. 1,000/-provided that it was given in working order. Notice of these applications was given to the parties and the case was fixed for hearing on the 4th of January, 1958. The Receiver had submitted his resignation meanwhile and on the 4th of January, 1958, the court ordered that a Public Works Deptt. contractor be appointed to assess the value of the property and the case was adjourned to the 15th of January, 1958. The case was again adjourned to the 25th of January, 1958. On that date parries informed the Court that before the property is leased out, an opportunity may be given to them to arrive at a settlement and for that the case may be adjourned for one month. The case then came up for hearing on the 25th of February, 1958, but no compromise had taken

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