C Y YACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this appeal by the plaintiff is to the judgment of the Subordinate Judge, Kottarakkara in O.S.No.82/1991 dated 29-5-1995 dismissing the suit for recovery of security deposit.

(2.) The respondent defendant is the State of Kerala represented by Chief Secretary. The case of the appellant/plaintiff as shaped in evidence before the lower court in brief is this :

(3.) The defendant resisted the suit by raising the following contentions: The plaintiff has collected 5.199 cubic metres of Madagiri vemp, 3.199 cubic metres of Manjakkadamp and 0.821 cubic metres of Akil timber. These species come under Kerala Forest Produce ( Fixation of Selling Price ) Act 1978.The rate of quota was revised by the government with effect from 1-4-1984. The plaintiff is bound to pay the revised rate. The said amount is adjusted in the security deposit as per chalan dated December 17, 1990 . At the request of the plaintiff Rs. 8801/- was also remitted towards sales tax on December 17, 1990. Therefore no amount is due to the plaintiff.