Judgment

SIKRI, J.: This appeal by certificate granted by the High Court of Andhra Pradesh is directed against its judgment and decree setting aside the decree passed by the Trial Court and dismissing the suit filed by the plaintiff, Hakim Mir Anwar Ahmed, now deceased. The appeal is by the plaintiff s legal representatives.

2. The plaintiff filed a suit for the recovery of O. S. Rs. 1,40,000 on the allegation that the defendant, the Hyderabad State Government had agreed to take over a concern being run by the plaintiff and a book of prescriptions named "Tohfa-e-Osmania", and in pursuance of that agreement Rs. 50,000 had been paid to the plaintiff but the balance had remained outstanding. He further claimed arrears outstanding. He further claimed arrears of allowance which was due to him under the agreement.

The State Government made a counter-claim and prayed for a decree for O. S. Rs. 50,000, the money which had been already paid in pursuance of the alleged agreement.

3. The Trial Court passed a decree for a sum of O. S. Rs. 70,000 and dismissed the counter-claim preferred by the defendant. The High Court, as mentioned earlier, dismissed the plaintiff s suit in toto and decreed the counter-claim of the defendant.

4. The Trial Court had framed a number of issues but we are only concerned with issues 6, 7 and 8, which are to the following effect:

"6. Was there a completed and concluded contract enforceable under law and has the Plaintiff any cause of action? What is the effect on this case of payment of a lump sum of Rs. 50,000 and a salary of Rs. 500 per month to Anwar Ahmad by the Government?

7. Is the defendant Government entitled to receive the amounts paid to the Plaintiff. If so to what extent?

8. Is the Plaintiff entitled to any amounts or damages and if so to what extent?"

5. The relevant facts for the determination of these issues are as follows. It is common case that H. E. H. the Nizam visited Delhi in or about 1936 and there he happened to meet the plaintiff and invited him to Hyderabad. The plaintiff had been working with the late famous Hakim Ajmal Khan Saheb. The idea of H. E. H. the Nizam was that the plaintiff would be a great asset in the field of Unani medicine in the State of Hyderabad. The plaintiff accordingly went to Hyderabad and started his Dawakhana. On 1st Safar 1355 H, the Chief Secretary wrote to the plaintiff that H. E. H. the Nizam would inaugurate the plaintiff s factory to be called "Mukzanul Advia Majeediya". It appears that H. E. H. the Nizam s grand-son was known as Majeedi Pasha. H. E. H. the Nizam also promised to give sufficient grant to the Dawakhana when the question of reorganisation of Dawakhana was decided. Arrangements were made for the inauguration and the list of persons to be invited settled.

6. On 26th II Jami 1361 H, H. E. H. the Nizam issued an order suggesting that something be done for Hakeem Anwar Ahmed who had suffered loss on account of dearness of articles etc. H. E. H. finally concluded:

"Finally I think it necessary to say some thing more that is, this person is an expert in the art of medicine from the period of the late Hakim Ajmal Khan who had full confidence in his work and no doubt the medicines prepared by him are rare and unavailable in our days which were prepared in specified medical way."

In this order H. E. H. the Nizam also suggested that a Committee be appointed constituting one member of the Finance Department, the other from the Military Department and the third from the Nazim Medical Service and this Committee be ordered to submit its report within one month to the concerned department in the Council considering all the aspects how to save this Makhasan from the devastations of time.

7. In pursuance of this directive the Committee met on July 29, 1942, and suggested a certain scheme. These suggestions were further modified in a meeting dated July 31, 1942. The suggestions were conveyed to the plaintiff and he was asked to submit his own proposals for the considerati