ORDER

1. By this first appeal under section 96 of Code of Civil Procedure, the appellant has challenged the impugned judgment and decree dated 27.7.1999 passed by the District Judge, Bhopal in Civil Suit No. 2-A/1996, whereby learned trial Court dismissed the suit of the plaintiff and directing the defendants to refund Rs.3,310/- with interest @ 12% to the plaintiff till its realization.

2. The facts in brief culled out from the record and relevant for the purpose are that a notification to sell the subject land was issued on 28.1.1969 by the Nazul Officer, Bhopal for auction of certain plots situated in private sector E/2, E/3, E/4 and E/5 in Tatya Tope Nagar, near Habibganj, Bhopal town to be held on 26th, 27th and 28th February, 1969 at 11 A.M. Several plots located in various sectors referred to above were put to auction as scheduled. The plaintiff was declared as the highest bidder quoting price of Rs.33,100/- for plot No.15 in Sector E-2, Arera Colony Bhopal in the auction held on 26.2.1969. Pursuant thereto, 1/10th of the bid amount i.e. Rs.3,310/- was deposited by the appellant with the respondent authorities on 26.2.1969 at the spot subject to its confirmation. The balance a