Learned counsel for the defendant submits that the plaintiff had filed a civil suit for recovery of Rs.50,000/- deposited by him as bid amount Rs.14,500/- towards interest and Rs.500/- towards litigation expenses. Learned counsel for the defendant further submits that the plaintiff in his suit mentioned that he had participated in auction proceedings of the mining lease, in which Mining Engineer assured him that he was required to pay 25% amount Dead rent as Land Tax in addition to the Dead Rent. Auction notice dated 30.01.1986 was silent about it. On account of assurance of the defendant, the plaintiff participated in the bid proceedings and being the highest bidder, his bid was accepted. He deposited the amount of Rs.50,000/- as earnest money and his bid was confirmed by the Competent Authority. The plaintiff had written a letter dated 19.06.1986 to the Mining Engineer, Dholpur in which he mentioned that if the defendant was not ready to accept 25% of the Dead Rent as Land Tax, then his bid be treated as withdraw and revoked but the defendant had not acted upon it and the defendant forfeited the earnest money deposited by the plaintiff.
