STATE OF U. P. Vs. JAMAN SINGH

JUDGEMENT

(1.) THIS appeal, preferred under S.96 of the Code of Civil Procedure, 1908 (hereinafter referred as the Code), is directed against the judgment and decree dated 25-11-1983, passed in civil suit No. 26 of 1983, by learned District Judge, Chamoli, whereby suit for injunction has been decreed by the trial Court.

(2.) I heard learned counsel for the parties and perused the lower Court record.

(3.) THE appellant / defendant contested the suit but admitted that under a time bound contract the trees as mentioned in the plaint, were allowed to be cut by the plaintiffs / respondents. It is further pleaded in the written statement that the plaintiffs violated the terms of the contract and on inspection it was found that there had been illegal felling of 15 more trees than the trees allowed to cut, as such, demand of Rs. 71,940.74 was made from them. In the written statement it was also pleaded that the suit is not maintainable as there is arbitration agreement between the parties to refer the dispute.