( 1 ) THIS appeal preferred by the State Government is directed against the judgment and decree of the Additional District Judge, Kanker, dated 16-6-1967 whereby the learned Judge has granted to the plaintiff a decree for:-- (i) a declaration that the State Government was in breach of the forest contract granted to him by ordering a stoppage of working and, therefore, not entitled to recover Rs. 35,625/- towards the balance of the auction price; (ii) a permanent injunction restraining the State Government from recovering that amount as arrears of land revenue or otherwise, and (iii) refund of Rs. 4,750/- representing the security deposit.

( 2 ) FACTS leading to the appeal may be shortly stated. On 17-8-1962, the plaintiff purchased the right to fell and extract bamboos from Coupe No. 'a' Walhar O/b. F. S. Kanker Division, at a public auction held by the Divisional Forest Officer, kanker, for Rs. 47,500/ -. The purchase price was payable in 4 instalments. Rs. 11,875/-were payable at once and were so paid. The other instalments-2nd of Rs. 11,875/-, 3rd and 4th of Rs. 11,875/- each were due on 1-11-1962, 1-2-1963 and 1-4-1963. Admittedly, beyond paying the 1st instalment