Judgment

V. BALAKRISHNA ERADI J.:- This appeal by certificate granted by the High Court of Madhya Pradesh under Article 133 (1) (a) arises out of a suit-Regular Civil Suit No .7-A of 1963-on the file of the First Additional District Judge, Bhopal instituted by the appellant herein against the State of Madhya Pradesh, for recovery of a sum of Rs. 29,500/- from the defendant, by way of refund of the first instalment of the sale price deposited by the plaintiff with the Forest Department of the defendant-State pursuant to an auction of two forest coupes held on August 17, 1960, together with damages alleged to have been sustained by the plaintiff on account of alleged breach of contract by the defendant. The plaint contained a further prayer that the defendant should be restrained by a permanent injunction from taking any steps to recover from the plaintiff the second and third instalments of the sale price for which the two coupes had been knocked down in favour of the plaintiff at the auction sale.

2. The trial Court held that the plaintiff is entitled to recover from the defendant Rs. 17,500- by way of refund of the first instalment of the sale price of the two coupes, but rejected t