( 1 ) THIS appeal, filed by the defendant, is directed against a judgment and decree of the Third Additional District Judge, Bhopal, dated 29th November 1966, decreeing the plaintiff's suit for declaration simpliciter.

( 2 ) THE material facts, shortly stated, are these. The dispute relates to rent of the distillery buildings including office and residential quarters at Jahangirabad, bhopal. On 26th March 1958, the plaintiff was granted a distillery contract for the wholesale supply of country spirit for the districts of Raisen and Sehore on the terms and conditions contained in the licence. It was permitted to occupy the distillery building for the manufacture of country liquor in terms of clauses 8 and 46 of the licence. The licence was in renewal of distillery contracts which the plaintiff had from the erstwhile Bhopal State right from the year 1916 onwards. For all these years, the then Government allowed the plaintiff to occupy the distillery building for execution of its excise contracts on payment of rent. The rent initially charged was Rs. 250/- per month and was finally enhanced to Rs. 392. 62 with certain additions and alterations to the building. When the d