1. Shorn of unnecessary details, the case is a simple one. On 9-1-1952 there was an auction of timber at the Government Forest Depot at Thenmala. The plaintiff bid several lots of logs. He bid 4 lots of timber

consisting of ebony, etc., for Rs. 2,528-11-9. At about the close of the auction he bid some other lots of Kongu logs at 101 annas per cubic foot. The sales were subject to confirmation by the Government, and such confirmation was made only on 20-2-1952. Long before that date he had withdrawn the offer in respect of Kongu logs on the ground that there was misrepresentation on the part of the officer who conducted the auction regarding the number and nature of the logs and that he was not allowed to inspect the logs before the auction. There is dispute as to Whether he entered a protest on the date of the auction itself but it is clear that he did so before the bid was accepted by the Government. He also refused to sign the auction register. After confirmation of the sale by the Government he was asked to pay the price of all the lots purchased by him including the Kongu logs. He refused to do so. Thereupon the sale was cancelled and the logs were re-auctioned. It