A. P. SEN, J.: - This appeal, filed by the plaintiff Durga Prasad, is directed against the judgment and decree of the Additional District Judge, Chhindwara, dated 25-7-1970, decreeing his claim for damages for Rs. 36,000/-for wrongful extraction and sale of about 1,800 tons of manganese ore against the defendant No. 1, Mst. Parveen Foujdar, together with interest at 4 % per annum thereon from the date of the decree i.e., from 25-7-70 till realisation, as against his claim for recovery of damages amounting to Rupees 50,000/- for loss of profits due to wrongful extraction and sale of manganese ore, and dismising his suit against the other defendants, including the defendant No, 3, the State of Madhya Pradesh. By the appeal, the plaintiff seeks a modification of the decree, and prays that the dismissal of the suit against the defendant No. 3, the State of Madhya Pradesh be set aside, and a decree for Rupees 50,000/- as damages be passed against the defendants Nos. 1 and 3. There is no appeal against the dismissal of the suit against the defendants Nos. 4 and 5.

2. The material facts leading to the appeal, briefly, are : By an interim agreement dated 11-6-1952, Ex. P-20, the St