JAIN, J.—This appeal by the defendant State arises out of the original Civil Suit No. 16/1962, instituted by the respondent Raghunath Singh, for the recovery of Rs. 70,151.32 as damages for breach of contract and which has been partly decreed by the Senior Civil Judge No. 2, Jaipur City, on 28-2-1966.

2. Briefly put, the plaintiff Raghunath Singhs case is that he was granted a minor mineral lease for lime-stone of the mines, known as Dawa and Seelva in Tehsil Nokha, District Bikaner, Rajasthan, consisting of an area of 40 acres for a period of five years on an yearly dead rent of Rs. 6195/- on the terms and conditions given under the Rajasthan Minor Mineral Concession Rules, 1955. This mining lease was granted by the Director of Mines & Geology, Government of Rajasthan, Udaipur. The sanction was conveyed to the plaintiff by the Assistant Mining Engineer, Bikaner, by his letter, dated 4-7-1957 (Ex. 26). The Deputy "Director (Administration) of Mines and Geology also communicated this fact, to him by his"letter, dated 5.7.1957 (Ex. 25). The plaintiff then deposited an amount of Rs. 1550/- by way ,of security with the Assistant Mining Engineer, Bikaner, on 8th August, 1957. He also com

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