JUDGMENT :- The respondents are the legal representatives of one Narayana Pillai who was the successful bidder for privilege of vending 12 arrack shops in Kunnathur Range. The auction for the year, commencing 1-4-1981 to 31-3-1982, was conducted by the Assistant Excise Commissioner on 27th March, 1981 in accordance with Section 18-A of the Abkari Act read with The Kerala Abkari Shops (Disposal in Auction) Rules, 1974. The predecessor-in-interest of the respondents on 27-3-1981 itself deposited 30% of the auction money, amounting to Rs. 8,70,300/-. He also furnished a Solvency Certificate to the extent of 20% amounting to Rs. 5,80,200/-. The temporary agreement, as envisaged by Rule 5(10) of the 1974 Rules, was executed between the parties. The successful bidder then waited for receiving confirmation of the sale from the Board of Revenue. He is reported to have sent a notice on 6-4-1981 informing the appellants that since the auction not been confirmed till then, he would not be, now interested in running the arrack shops for which he had bid on 27-3-1981. The auction sale appears to have been confirmed by the Board of Revenue on 7-5-1981 and an intimation of the same (not personall