Prakash Tatia, J.-Heard Learned Counsel for the appellant.

2. The appellant is aggrieved against the denial of part of relief by the trial Court by its Judgment and decree dated 08.02.1979 in a suit for injunction and for refund of the amount. The appeal too was dismissed by the first appellate Court vide Judgment and decree dated 011.1982.

3. Brief facts of the case are that the plaintiff applied for obtaining mining lease for sand-stones for two plots, measuring 200 ft. x 200 ft. having number A-57 and B-65 on the basis of rent-cum-royalty under the provisions of Rajasthan Mines and Mineral Concession Rules, 1959 (for short “the Rules of 1959”). The State Government sanctioned the lease in favour of plaintiff-appellant for the said two mines on condition that the dead rent shall be charged at the highest rate prescribed under the Rules. At that time the highest prescribed rate for dead rent was Rs. 200/-for mine measuring 200 ft. x 200 ft. for one year. On 16.02.1968, the said dead rent was increased to Rs. 1920/-for plot of size of 200 ft. x 200 ft. The order allowing the mines passed by the State Government on 211.1967, got the approval of the competent authority only