BHAVE, J. ( 1 ) THE trial Court has decreed the plaintiffs claim for refund of Rs. 12,950/- by the defendant State with interest at 6 per cent per annum from the date of the suit till realisation of the amount. The trial Court has further Issued an injunction restraining the defendant State and its officers and employees from recovering Rs. 23,500/-from the plaintiffs. Costs have also been awarded to the plaintiffs. The state has therefore, preferred this first appeal.

( 2 ) THE facts of the case, in brief, are that on 22-8-1961 Sargadi Coupe No. 1 of pratappur Range of North Surguia Forest Division was put to public auction and the highest bid of 'the plaintiff No. 1 for Rs. 51,500/- was accepted. Accordingly, the plaintiff No. 1 deposited one-fourth amount of the bid and also signed the contract deed. The auction was subject to the approval of the Chief Conservator of forests, A few days after the date of auction, it is alleged that the plaintiff discovered that he had given the bid on misapprehension of facts, namely, that though, in fact. 115 trees of the girth of 37 inches to 48 Inches wera shown in the list of various trees to be included fox auction in that Coupe, the plaint

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