1. -This first appeal by the plaintiff Badshah Ram is directed against the judgement and decree of the Additional District Judge, Baran, dated 11.12.71 dismissing the suit for damages.

2. The relevant facts of the case are as follows. Two parcels of land in village Anta, measuring 13 yards. by 6 yards. & 13 yards, by 3 yards. adjoining each other and constituting one plot measuring 13 yards by 9 yards, were allotted to the plaintiff-appellant on 22.8.1956 and 24.5.1956 respectively by the Tehsildar, Anta, for purposes of a tea shop. The plaintiff in December, 1960 constructed a shop over this plot of land by raising three walls on the sides and pillars with lintels on the front. On 16.1.61, respondent No. 3 Shri Harbanshlal Gupta, Assistant Colonisation Officer, Anta, lodged a complain under Section 23 (b) of the Rajasthan Colonisation Act, 1954, hereinafter to be referred to as the Act, alleging that the shop was constructed without permission of the competent authority. During the pendency of the aforesaid proceedings respondent No. 3 on 19.1.61 in compliance of the order dated 18.1.61 passed, by respondent No. 2 Shri I.N. Kaul, Director of Colonisation, Chambal Project,