ACHARYA, J.

( 1 ) THIS Is a defendant's appeal against the judgment and decree passed by the additional Subordinate Judge, Cuttack in T. S. No. 55 of 1964 decreeing the plaintiff's suit for evicting the defendant from the suit mines, directing him to deliver possession of the same to the plaintiff, and restraining the defendant by a permanent injunction from operating the suit mines in any manner.

( 2 ) THE plaintiff who is the State of Orissa filed the suit on the following facts.

( 3 ) THE suit mines belonging to the plaintiff having a rich deposit of Chromite ore were leased out to the defendant by Government orders dated 10-10-1958 (lease executed on 26-3-1959), on his application dated 9-4-1953 representing that he would set up a plant for the manufacture of Ferro Chrome and Ferro Silicon, and that he had obtained necesary licence for import of machineries, furnace and other equipments for setting up such a Plant. The aforesaid mining lease was granted In favour of the defendant after prolonged correspondence, deliberation and discussion between the two parties regarding the terms of the lease, and on obtaining prior approval of the Central Government as required under the