NAVIN CHANDRA, J. — This is a first appeal by the defendants against the decree of the District Judge, Pratapgarh (Camp Chittorgarh) dated July 21, 1977 whereby the suit of the plaintiffs respondent for declaration and permanent injunction was decreed against the appellants.

2. Facts giving rise to this appeal are that on April 26, 1976 respondent Bhanwar Lal instituted Civil Suit No. 71 of 1976 against the appellants with the averments that the right to collect royalty from certain mines of Menpura, Footbad and Jai Magri in District Chittorgarh was auctioned by the Mines Department of the State of Rajasthan. The highest bid was of Rs. 26, 300/- per annum. In pursuance of this auction a contract was executed on May 9, 1968 by the Joint Director, Department of Mines and Geology in favour of the plaintiff. It was alleged that the Joint Director of Mines and Geology was not the person authorised to execute a contract on behalf of the Governor of the State of Rajasthan and, therefore, this contract was void. However, in pursuance of this contract, the defendants were bent upon to recover the contract amount from the plaintiff and had issued a notice on March 10, 1976 to deposit the amou

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