Harbans Singh, J.

1. This order will dispose of two Regular First Appeals Nos. 143 and 144 of 1952, in both of which, the facts are similar and the points of law that arise are indentical.

2. The facts giving rise to the suit, out of which appeal No. 143 has arisen, may briefly be stated as follows : Kanwar Rajinder Singh defendant No. 2, (at that time a minor) son of Raja Sham Singh of Dada Siba in Kangra District, was under the Court of Wards and inter alia owned five squares of land situated at Chak No. 2/1 AL, Tehsil Okara, District Montgomery (now. in West Pakistan). The Deputy Commissioner, Kangra, who managed this estate, issued a notice in the month of November, 1948, inviting tenders for the giving of this land on lease for a period of one year, namely, for Kharif 1947, and Rabi 1948. Thakar Dalip Singh plaintiff (now represented fay Raja Dharam Dev Chand respondent), submitted a tender offering Rs. 11.125/- which was accepted by the Deputy Commissioner, Kangra. The whole of this amount, in accordance with the terms of the tender, was paid in advance on various dates before February, 1947. It has been established on the record and is not now in dispute that the pla