STATE OF KERALA Vs. MOHAMMED

JUDGEMENT

(1.) State has filed appeal challenging the decree and judgment in O.S.19 of 1980 of the Sub Court, Manjeri. The respondent plaintiff filed the suit claiming Rs.12,500/- as damages. Suit was decreed by the Trial Court.

(2.) Second defendant held auction on 21-7-1977 of Coupe No.1 in Mannarmala belonging to the Forest Department. Plaintiff was declared the successful bidder and the sale was confirmed. Case of the plaintiff is that major portion of the trees was cut and removed by him, that one Kuttan obstructed removal of timber on the ground that the property belongs to him, that though some help was rendered to the plaintiff by the forest officials he could not remove timber and firewood before the expiry of the contract viz. 31-3-1979, that on account of Kuttan's obstruction plaintiff suffered loss and that the defendants are liable for damages.

(3.) Second defendant filed written statement contending inter alia that the State is not responsible for any loss sustained by the plaintiff as no breach was committed by the Stale or its officers causing any loss to the plaintiff and that the department is not in any way responsible for the obstruction caused to the plaintiff by a stranger.