STATE OF KERALA Vs. M E ALY

JUDGEMENT

(1.) In the auction of forest coupes conducted by the 2nd defendant DFO. on 29-11-1973, in pursuance of an auction/sale notice, plaintiff bid sub-coup No. 2 of Ayyapppankovil Range for Rs. 50,000/-. After depositing Rs. 10,000/- in terms of the sale notice, however, the plaintiff faded out of the picture, without executing a written agreement and depositing the balance, despite confirmation of sale and issue of notices demanding payment. One of the clauses in the sale notice was to the following effect:-

(2.) In A.S. No. 311 of 1978 the defendants contend that the declaration should not have been given; and in the Cross objection, the plaintiff reagitates his claim for recovery of the amount of Rs. 10,000/-.

(3.) The court below had granted the declaration on the footing that there was no concluded and enforceable contract between the parties, within the meaning of Art.299(1) of the Constitution, so long as they had not entered into an agreement in writing expressed to be made by the Governor. And for the same reason, and for some other reasons also, the plaintiff's claim for recovery of the amount deposited was also negatived.