MOHAMMED AHMED ANSARI, J. :-

This appeal by the plaintiff is against the order of the Chief Judge, Hyderabad City Civil Court, rejecting the plaint because of the absence of the permission to sue under the Suits Against the Government Act. The aforesaid order is dated January, 5, 1951, i.e., before the extension of the Civil Procedure Code to Part B States and the claim relates to a period prior to the inauguration of the Constitution. The appellant has claimed Rs. 10,000/-from the State on account of an alleged breach of a contract which he states to have entered into, because the Naib-Nazim of the Excise Department had publicly undertaken that the licence for toddy and liquor for the Fasli Year 1359 (1949-50), would be with the concession of three months period for depositing money.

The appellant further alleges that he took the shop at Saeedabad on the aforesaid undertaking and in view of the toddy shop at Annaram having been wound up and amalgamated with the shop at Sarurnagar, which was at some distance from the shop he had taken at the auction; but in breach of the undertaking the shop at Sarurnagar was brought to Gaddi Annaram which is a new site and is very near to t