( 1 ) THIS is plaintiff's appeal against the dismissal of the suit with costs for damages and interest by the District Judge, Balaghat. The only relief granted is that the plaintiff is entitled to adjustment of an amount of Rs. 2391. 20p. towards the last defaulted instalment and the defendant is restrained from recovering the amount so paid from the plaintiff.

( 2 ) THE plaintiff is a forest contractor. In a public auction held on 3-8-1949 the plaintiff acquired right to extract, collect and remove all the Harra grown in government forest of Lamta, Baihar and Shupkhar ranges, a part of Balaghat range, Raiyatwari, Minhai forest and unoccupied lands lying within the boundaries of the said forest ranges and areas under the management of irrigation and Veterinary Departments within the said forest ranges. The indenture was signed by the Forest Secretary of the Forest Department of the defendant on 14-1-1950. The period of lease was from 30-1-1949 to 30-6-1952 as per Ex. B.-1. The consideration of Rs. 1,66,500/-was payable in six instalments each instalment being of Rs. 27,750/ -. The last instalment fell due on 1-1-1952 and the plaintiff defaulted in paying this instalme