M ALAVI Vs. STATE

JUDGEMENT

(1.) This appeal is by the plaintiff in O.S. 112 of 1955 on the file of the Subordinate Judge, Kozhikode.

(2.) The suit was for recovery of Rs. 25,213/- as damages on account of the breach of a contract with the defendant State for clear-felling an area of 28 acres in coupe No. 5 of Elacode Block in Nilambur Reserve forest, and for the return of Rs. 500/- being the advance deposit made for the contract. The advance amount was deposited in court and withdrawn by the plaintiff.

(3.) The allegations, in the plaint, relevant for the disposal of the appeal, are the following:-