Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of the Mysore High Court in suit filed by the State of Mysore against the present appellant for recovery of Rs. 40,000/- together with interest on account of the breach of the terms of bond dated July 2, 1947 by virtue of which the appellant received certain amounts by way of scholarship and expenses for studies abroad.

2. The facts may be shortly stated. On September 11, 1946 the appellant applied to the State Government for an overseas scholarship and the same was sanctioned in his favour. The appellant was required to execute a bond which he did on July 2, 1947 . In the bond (Ext.. 5) it was stated inter alia that the scholar had to accept and be bound by all the conditions specified in the rules contained in the annexure to the Government proceedings mentioned therein. Clauses 3 & 4 are reproduced below:

"3. That on the completion of such study or research course, the scholar shall return to the Mysore State, and if and when called upon to do so, serve the Government for a period of not less than five years, on such salary as Government may, in their sole discretion fix, provided that, if within six months af