V.P. Tyagi, CJ.-This is plaintiffs first appeal against the judgment and decree of the learned Additional District Judge No. 1, Jodhpur, dismissing the plaintiffs suit for the recovery of Rupees 16,620.41 p.

2. The facts giving rise to this litigation are in a nutshell as follows: The plaintiff obtained a licence for the retail sale of the country liquor for Panna Niwas shop in the town of Jodhpur. The period of the licence was to commence from August 4, 1962 and was to end on March 31, 1963. The licence was issued by the excise authorities under the guarantee system evolved under the rules made under the Rajasthan Excise Act. Under the terms of the licence, the plaintiff had to lift the country liquor from the State godown worth Rs. 1,01,802.00 The State was to realise the issue price from the plaintiff for delivering the country liquor which may be in force up to March 31, 1963. It is said that in pursuance of the terms of the licence, the plaintiff lifted liquor valued at Rupees 77,654.99 p. It is further said that the plaintiff deposited Rs. 24,147.01 p. for lifting the balance of the liquor to be supplied to him under the licence but the State Government failed to del