R. N. MISRA, J.

( 1 ) ON 21-3-1965, the Tahsildar of Cuttack (defendant No. 4) published a notice inviting intending bidders for allotting of the Sairat, namely the sole and exclusive right to hold a canteen, betel shop and cold drinks stall within the premises of the Cuttack Collectorate for the year 1965-66, i. e. 1st April, 1965 to 31st of March, 1966. The auction was held on 31-3-1965 and there were many bidders including the plaintiff. The bid given by the plaintiff at Rs. 16,200/- was the highest and was accepted. The plaintiff deposited a sum of rs. 6,050/- out of the bid money and was put into possession of the canteen located within the Collectorate. Plaintiff found that in violation of the monopoly right conferred under the auction sale, several unauthorised vendors were permitted to open stalls within the premises of the Collectorate which very much adversely affected the plaintiff's business. Plaintiff represented to the public authorities and demanded that the monopoly conferred on the plaintiff should be protected but adequate steps were not taken in that behalf. When plaintiff demanded execution of a formal contract specifically providing for the monopoly right of t