( 1 ) THIS appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 18. 2. 1984 passed by the learned Civil Judge (S. D.), Porbandar dismissing Civil Suit No. 58 of 1980 filed by the appellant-Saukem Education Society which is running Birla Sagar Higher Secondary School at Porbandar.

( 2 ) THE appellant established Birla Sagar Higher Secondary School (hereinafter referred to as "the school") at Porbandar from June, 1970 after obtaining permission from the Director of Education by order dated 29. 5. 1970. The permission was granted subject to as many as 16 conditions and Condition No. 16 was as under:"16. THE permission is granted subject to the condition that instructions shall be imparted as per the syllabus of the Gujarat State and subject to compliance with the departmental regulations and subject to further condition that grant will not be paid if adequate number of students is not enrolled. "on fulfilling the above conditions, permission was granted to start class in Std. VIII (English medium ). The appellant thereafter applied to the Central Board for affiliation of the same school and the said application was sent through the District Education Officer (DEO), Junagadh. In his letter dated 1. 9. 1970, the DEO informed the Director of Education that the school was established in June, 1970 and the Director of Education has, by order dated 29. 5. 1970, granted permission to start one class in Std. VIII subject to the condition that instructions shall be imparted as per the Central Governments syllabus. The DEOs letter further stated that the appellants school had, therefore, applied for recognition of the Central Board for imparting instructions as per the syllabus and norms of the Central Government. Accordingly, the Director of Education forwarded the papers to the appropriate authority of the Central Board of Secondary Education in New Delhi and informed the appellants school accordingly by letter dated 7. 1. 1971. The appellant accepted the grant from the State Government in the years 1970-71 to 1976-77.

( 3 ) WHEN the Audit Department of the Directorate of Education raised objections against payment of grant to the appellant on the ground of non-compliance with Condition No. 16 stipulated in the order dated 29. 5. 1970 of the Director of Education, the DEO cancelled the grant and passed orders to recover the amount of grant obtained by the appellant in breach of the conditions of the order dated 29. 5. 1970. The appellant thereupon filed the above-numbered suit after entering into correspondence with the authorities of the Education Department. The trial Court accepted the stand of the Director of Education of the State Government that the appellant had committed breach of the conditions of the order sanctioning grant and, therefore, the suit came to be dismissed. The appellant-plaintiff thereupon moved this Court. When the appeal was admitted, interim stay was also granted against any recovery. The reason therefor is that the appellant having obtained the grant from the State Government in violation of the express condition of the grant has not refunded the amounts of grant received between 1970-71 to 1976-77 for the last almost 30 years.

( 4 ) AT the hearing of this appeal, however, Mr. Dhaval Amin, learned counsel for the appellant, has submitted that, when the Director of Education was informed that the appellant was imparting instructions as per the Central syllabus, the Director was estopped from raising any objection about non-compliance with Condition No. 16 for imparting instructions as per the syllabus of the State Government. Secondly the learned counsel submitted that the grant was received by the appellant in the distant past and the appellant will not now be able to recover the amounts from the students who had studied in the appellants school about 28 to 30 years back.

( 5 ) MR. KOGJE, learned A. G. P. for the respondent authorities has oppo