( 1 ) THE U. P. Government, the defendant, appeals. The dispute in this case relates to four plots of land situate in the city of Kanpur. They are mentioned in Schedule A to the written statement filed on behalf of the defendant. Markets are held on these plots. The plaintiff filed a suit against the defendant for damages for a breach of an agreement to let out those plots to him. The allegations in the plaint were that in August 4, 1944 the. Executive Engineer, Kanpur division, (Lower Ganges Canal), who was in charge of the management of the aforesaid plots, invited offers for the grant of a lease of the aforesaid plots, that the plaintiffs offer, being the highest, was accepted by the Executive Engineer, Sri Shyam Lal, on behalf of the defendant, that it was settled between the plaintiff and the Executive Engineer that the plaintiff would be granted the lease of the aforesaid plots for a period of five years, that the plaintiff was asked to deposit rs. 6126/- as six months rent in advance, that the plaintiff accordingly deposited Rs. 6000/- on the 25th August 1944 and Rs. 126/- on the 6th September 1944 that on the 26th August 1944 the plaintiff and the Executive Engi