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1977 DIGILAW 577 (MP)

Rameshwar Prasad v. State of M. P.

1977-11-23

G.P.SINGH

body1977
Short Note : 1. In an auction held on 12th November 1951, Nonibahu, who was the mother of the plaintiffs, bid for a contract for collection of Patro lac for Rs. 7,100/-. The Naib-Tahsildar, who conducted the auction accepted this bid Subject to the confirmation of acceptance by the Collector. Nonibahu deposited Rs. 1,775/- as 1/4th of the amount or bid. After Nonibahu's death the Government started proceedings for recovery of Rs. 5,325/- against the plaintiffs. The plaintiffs' case was that there was no contract as the Collector’s confirmation of the bid was not communicated to Nonibahu and she was not given possession of the contract area. The plaintiffs claimed the recovery of Rs. 1,775/-. The trial Court decreed the suit. The first appellate Court, on an appeal preferred by the State, reversed the decree of the trial Court. The first appellate Court did not give any finding whether the confirmation was communicated to Nonibahu or the plaintiffs. Held : The first appellate Court did not record any finding on the question whether there was any completed contract. This is a serious infirmity in the judgment. There is no evidence whatsoever that there was any completed contract. In the circumstances, the plaintiffs were entitled to succeed. Suit decreed. Appeal allowed.