P. N. SHINGHAL, J.

( 1 ) THIS second appeal by plaintiff Wazirsingh arises from the appellate judgment and decree of the learned District Judge of Ganganagar, dated December 2, 1961, in these circumstances

( 2 ) THIRTY bighas and one biswa of agricultural land situated in Chak No. 49 G. G. A. of tehsil Karanpur, district Ganga-nagar, was put to auction by the Sales Officer of the Evacuee Department of the State of Rajasthan. The plaintiff gave the highest bid and deposited Rs. 2164/- as the one-tenth amount, at the fall of the hammer on October 21, 1955. The plaintiff made several applications expressing his willingness to deposit the balance of the sale price and asking for delivery of possession of the land, but to no avail. He therefore filed the present suit on April 23, 1960 for recovery of Rs. 2164/-, and Rs. 596/- on account of interest, making a total of Rs. 2760/ -. The State of Rajasthan, which contested the suit, admitted the auction and the deposit of Rs. 2164/-, but pleaded that the sale was set aside by the Competent Officer and so there was no question of delivery of possession of the property to the plaintiff under that sale. Further, the defendant pleaded