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 amount was to be deposited within 30 days of the communication of the acceptance of bid. The plaintiff was always ready and willing to deposit the balance amount and made several queries from the respondent authorities; but nothing was done, for almost 8 years. Ultimately the Collector Bhopal instead of confirming the sale in favour of the plaintiff ordered for re-auction of the plot in question without even bothering to communicate the decision to the plaintiff.

3. The plaintiff on coming to know of the said decision of the Collector Bhopal made a representation to the Commissioner, Bhopal Division Bhopal, which was registered as Representation No.222/77-78 and was allowed vide order dated 3.11.1979, whereby the order of the Collector Bhopal regarding reauctioning of plot was set-aside and the case was remanded to him for fresh disposal with certain observations. However, no orders were passed by the Collector, Bhopal in pursuance to the said remand order and another sale notice was published in Nav Bharat newspaper dated 7.1.1996 for re-auction of the plot in question with wide publication to fetch the maximum price.

4. Several successful bidders in respect of other plots auctioned in pursuance to the same sale notice in February 1969 and whose highest bids were similarly not confirmed by the Collector Bhopal also represented to Commissioner Bhopal Division Bhopal, but they were rejected vide order dated 12.5.1975. Against the order of the Commissioner dated 12.5.1975 a representation was made to the State Government on behalf of Shri S.K. Bhatia, Shri Hari Singh, Shri Rewachand, Smt. Shakuntala Verma, Shri Gopi Krishan and Shri S.K. Narang, which was allowed vide order dated 27.4.1977 and action of the Collector Bhopal and Commissioner Bhopal Division was set-aside. In the said order it was directed that all those persons who were highest bidders and had deposited 1/10th of the bid amount should be given the lease of the respective auctioned plot after confirming the sale. Their auction was accordingly confirmed and they were granted lease of the respective plots.

5. The plaintiff on coming to know of the auction notice published in Nav Bharat dated 7.1.1996 for re-auction of the plot in question, filed a Civil Suit before the District Judge, Bhopal for declaration, perpetual injunction and for specific performance in regard to plot No.15 in E-2 Arera Colony, Bhopal, which was registered as C.S.No.2-A/1996. Plaintiff examined P.W.-1 Dinesh Kumar Bajpai, P.W-2 K.K. Jaiswal, P.W.-3, R. S. Tiwary, P.W-4 Mujjaffar Hussain and himself in support of his case. He also produced the order of the Commissioner Bhopal dated 3.11.1979 and filed copy of the order of the State Government dated 27.4.1977 directing grant of lease to S.K. Bhatia and others besides oth