P A JACOB Vs. NANDA TIMBER TRADING CO

JUDGEMENT

(1.) This is an appeal filed by defendants 1 to 9 in O. S. No.133 of 1974 on the file of the Court of the learned First Additional Subordinate Judge of Tiruneveli, against the judgment and decree dated 2nd Aug. 1978, decreeing the suit for a sum of Rs. 53,548-22 P. with proportionate costs, finding that the plaintiffs are entitled to recover the said sum from the defendants towards damages.

(2.) The suit itself was one for damages, and the case of plaintiffs-respondents herein was shortly as follows: The plaintiffs are carrying on business in timber with their head office at Ollachi and branch office at Shencottai. The defendants are carrying on business in Shencoittai under the name and style of Poabson and Co. The plaintiffs entered into an agreement with the State Government of Kerala on 19-8-1972 and acquired the right of cutting and removing the entire tree-growth in Achankil forest in Kerala State, for which they had paid a sum of Rs. 7,400/- by way of security deposit to the Government of Kerala, In pursuance of the agreement the plaintiffs cut and collected the tress and stored various timber logs and firewood as described in Schedules 1 to 4 in the plaint, and the Forest Department of Kerala assigned specific number to the logs of wood cut and stored. The Forest Department also issued Passes Nos. 3 to 7 to the said quantity. On 5-1-1973 the plaintiffs were issued permits for removal of the timber available in the coupe, i.e. Coupe No.5. Passes Nos. 3 and 4 relatled to the firewood logs while Pass Nos. 5 to 7 related to the logs of timber Schedules 1 to 3 describe the logs or timber, while Schedule set out the logs of firewood. The logs of timber in Schedule 2 are the ones covered by the agreement of sale to different parties, while the logs of timber set out in Schedule 3 are not covered by any agreement. One R.D. Chowda obtained the Passes Nos. 3 to 7 on behalf of the plaintiffs from the office of the District Forest Officer, Themmala and while he was proceeding towards Shencottai on a scooter, he was waylaid by defendants 1 and 2, who with the help of their henchmen lifted him and put him in a jeep of their own and him to their sugarcane field and forcibly removed Passes Nos. 3 to 7 from his possession. Subsequently, on 5-1-1973, the defendants misused the passes and forcibly removed the timber logs in Schedule No.1 from their place of storage. The logs of timber stored and mentioned in Schedule 1 would be worth Rs. 17,892-33 p. The defendants carried away the entire stock of logs in 14 lorries and stored them in their saw mill at Shencottai. The plaintiff lodged a criminal complaint to the police, who seized the logs on the next day and kept them in their custody and instituted criminal proceeding against the defendants. The logs of timber continued to be in the custody of the police even on the date of the suit. The defendants are liable to pay the value of the logs unlawfully removed by them.

(3.) One O.P. Nanda, the son of the Managing partner of the plaintiff, but not connected with the plaintiffs' firm, had some transaction with the defendants and for the breach of contract committed by him, the defendants sued the plaintiffs in C.S. No.4 of 1973 in the High Court of Madras. This litigation further strained the relationship between the plaintiffs and the defendants.