This second appeal is by the defendant in OS No.421 of 1989 on the file of the Principal Munsiff, at Dharwad who though was successful in resisting the money claim of the plaintiff for recovery of sum of Rs.13,000/- with interest as the suit was dismissed in terms of the Judgment and decree dated 20.11.1995 by the trial court, was not successful before the lower appellate court in RA No.2 of 1996 filed by the plaintiff which came to be decreed in terms of the Judgment and decree dated 30.11.2001 by the I Additional Civil Judge [Sr. Dn.,] & CJM at Dharwad, is therefore before this court.

2. The brief facts leading to the above appeal are that the plaintiff a person who had participated in auction sale of a building which was being used for octroi office by the defendant – Hubli Dharwad municipal Corporation which auction was held on 2.5.1985, had offered the highest bid of Rs. 18,100/- charges and that the licence could be for a period of three years from the years 1995 to 1998; that the plaintiff who had deposited a sum of Rs.500/- as earnest money further deposited

50% of the bid amount i.e., Rs.9,050/- on that day, but later realizing that the bid amount of Rs.18,100