Judgment

BOSE, J. : We are concerned in this appeal with the sale of a liquor contract for the year 1953-54 in the State of Mysore.

2. The appellant Guruswamy and the fourth respondent Thimmappa are rival liquor contractors. The contract for the City and Taluka of Bangalore was auctioned by the third respondent, the Deputy Commissioner on 27th April, 1953. The appellants bid of Rs.1,80,000 a month was the highest, so the contract was knocked down in his favour subject to formal confirmation by the Deputy Commissioner. On the same day the appellant deposited, Rs. 1,99,618-12-0.

3. The fourth respondent Thimmappa was present at the auction but did not bid, Instead of that he went direct to the Excise Commissioner behind the appellant s back and made an offer of Rs. 1,85,000.

4. On 11th May, 1953, the Excise Commissioner passed the following order :

"The highest bid received in the recent auction sale is Rs. 1,80,000 per mensem. As Sri Thimmappa has now offered Rs. 1,85,000 per mensem the sale held by the Deputy Commissioner is cancelled. The Deputy Commissioner, Bangalore District, is requested to take further action under the Rule 10 of the Rules regulating the sales of Excise Privilege