UNION OF INDIA AND ORS. Vs. RAGHUBAR DATT

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendants under Section 100 of Code of Civil Procedure, 1908 and is directed against Judgment and order dated 26-7-2001, passed by Shri Chaturbhuj, Addl. District Judge (IVth Fast Track Court). Dehradun, in Civil Appeal No. 101 of 2000.

(2.) BRIEF facts of the case are that the plaintiff-respondent, filed Original Suit No. 191 of 1981 for recovery of Rs. 77.682.61 along with F.D.R. No. 71/919798/80-81 for Rs. 6,020. Said suit was filed with the allegations that an auction took place on 8-6-1981 for removing of 289 fallen trees belonging to the defendant-appellant. The plaintiff-respondent offered the highest bid of Rs. 60,200. The said bid was accepted by defendant-respondent No. 2, Range Officer, Landour Cantt, Mussoorie. The plaintiff-respondent, alleged that he has deposited the necessary security of Rs. 6,020 and also the amount of Rs. 60,200 on 8-6-1981. After the bid was accepted, the plaintiff alleged that He spent Rs. 67,202.61 in making the logs of the trees and lifting the same. As part performance of contract truck load of logs were taken out of the forest but later vide letter dated 23-6-1981, plaintiff was intimated that his bid was not approved/accepted. Thereafter also auction took place In which again the plaintiff was the highest bidder with an offer of Rs. 1,75,000 for which he again deposited the security. The present suit in question pertains to the refund of amount and compensation in respect of the earlier bid. Defendants (appellants) contested the suit, pleading that before the final acceptance of the bid, the plaintiff had no right to start the work as such the defendants were not liable to make any payment to the plaintiff.

(3.) AT the time of admission of this appeal, two substantial questions of law were formulated, which are as under: