Judgment

AYYANGAR, J. : This appeal, by special leave, is diseased against the judgment of the Judicial Commissioner, Himachal Pradesh, affirming a decree of the Senior Sub-Judge. Mandi, dismissing the appellant s suit.

2. The facts giving rise to this appeal are briefly as follows: There was a public auction on February 25, 1952 at Mandi in Himachal Pradesh for the grant of a monopoly vend-licence to sell by retail countryliquor for the year April 1, 1952 to March 31, 1953. The appellant was the highest bidder for Rs. 1,28,600/- and his bid was accepted. In accordance with the terms and conditions of the auction, 16th of the amount of the bid had to be deposited by him within a month. This sum amounting to Rs. 21,460/- was so deposited. The appellant who had started working his licence made payments of the monthly instalments of Rs. 10,714/- each for the months of April and May. Subsequently thereto there were disputes raised by the appellant that the Excise authorities had defaulted in performing certain of the obligations undertaken by them, in the matter of the supply of liquor etc. and there was correspondence relating to it. There appear to have been attempts by the authorities