( 1 ) THIS is an appeal from a decision of the District Judge of Ratlam dismissing the plaintiff-appellant's suit for the refund of the amount of consideration in respect of a contract, and for the recovery of the amount of expenses incurred by him in connection with the contract and the amount of damages sustained by him on account of defendant's certain actions.

( 2 ) THE plaintiff's case was that on 9th January 1949, the defendant granted him a lease of a forest area in his Jagir in consideration of a premium of Rs. 3,325 payable in three instalments, namely, one of Rs. 1,125 on 9th January 1949; the other of Rs. 1,100 on 9th March 1949; and the third of Rs. 1,100 in September 1949; and, that under the lease he, that is the plaintiff, was granted the right to fell trees growing in the forest area for a period of eighteen months, and to remove the wood from the area at any time at his own convenience. The plaintiff averred that he paid Rs. 1,125 to the defendant on 9th January 1949, and also an amount of Rs. 1,100 on 13th March 1949, and worked the forest area till 20th March 1949, when he was resisted by the defendant in felling the trees and removing the wood; that th