- (1.)This second Appeal has been filed by the plaintiff against the judgment and decree of the Additional District Judge, Amritsar, dated 23rd May, 1970.
(2.)Briefly, the case of the plaintiff is that lease of the plot measuring 240 square yards situated outside Ram Bhag Gate, Amritsar, was auctioned by the Municipal Committee on 6th April 1966. The plaintiff gave the highest bid for Rs. 3,200/- which was accepted at the time of auction. He gave full amount of the bid there and then. It is alleged that subsequently no sanction of the Municipal Committee was obtained regarding the said lease and no document was executed in favour of the plaintiff. It is averred that consequently the auction became void and he became entitled to recover the amount of Rs. 3,200/- paid by him to the Municipal Committee.
(3.)The suit was contested by the Municipal Committee which denied the allegations of the plaintiff and pleaded that he was not entitled to the recovery of the said amount as it was ready to deliver possession of the plot but he did not take it. The defendant also pleaded that the plaintiff was estopped from bringing the suit. The issues which now survive for decision are issues Nos. 3 and 5, and are as follows :-
'Rs.3. Whether the plaintiff is estopped from bringing the present suit by his act and conduct? OPD.

5. Whether the plaintiff is entitled to obtain the refund of Rs. 3,200/- from the defendant Municipal Committee, Amritsar? OPP''.

Both the issues were decided against the plaintiff by the trial Court. Consequently, it dismissed his suit. In appeal, the learned appellate Court affirmed the judgment of the trial Court and dismissed the appeal. Hence this second appeal by the plaintiff.