( 1 ) THIS is an appeal by the defendant-State of M. P. challenging the decree granted in favour of the plaintiff-respondent declaring that the State of M. P. was not entitled to recover the amount in question in the same manner as if it was arrears of land revenue,

( 2 ) ADMITTEDLY the amount sought to be recovered from the plaintiff was on account of deficiency in the price obtained on the re-auction of lac consequent to his failure to deposit the requisite part of his bid amount which had been accepted in the first auction. The plaintiff had challenged both his liability to pay the amount as also the mode of recovery of the same in the manner as if it was arrears of land revenue. The Court, however, accepted that the amount could not be recovered as arrears of land revenue and accordingly decreed the claim of the plaintiff by issuing a necessary injunction restraining the State from recovering the same as such.

( 3 ) THE defendant-State has challenged that decision and urged that the amount could be recovered as arrears of land revenue under the provisions of the Indian forest Act. In our opinion, the submission has no substance. The deficiency sought to be recovere