( 1 ) THE plaintiff-respondent filed a suit for a permanent injunction restraining the defendants from demanding or realising the balance of the contract money as arrears of land revenue or in any manner whatsoever,

( 2 ) THE facts relevant to this appeal are as follows: on 28th March, 1966 the right to lift and take out sand from the bed of river Jamuna in village jakhan Tahsil and District Etawah was auctioned by the Tehsildar, Etawah, defendant No. 2, on behalf of Gaon Sabha Jakhan, defendant No. 1. The terms of the auction sale were that the Theka would be given to the bidder whose bid was accepted by the S. D. O. Etawah. defendant No. 3 and such bidder would have to execute an agreement in favour of defendant No. 1. The plaintiff made the highest bid of Rs. 16,000/- and deposited one-fourth amount thereof in Tehsil Etawah in favour of defendant No. 1. The acceptance of the bid was not communicated to the plaintiff whereupon he sent a letter dated 14th May, 1966 in that connection and when despite repeated reminders no reply was received, the plaintiff revoked the offer by letter dated 24th May, 1966. However, the plaintiff was asked by the Tehsildar to appear be