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 c