DISTRICT BOARD BANARAS Vs. CHURHU RAI

JUDGEMENT

(1.) THIS and the connected second appeal No. 2127 of 1945 are defendants' appeals against the appellate decree or the learned Civil Judge of Banaras. The latter disposed of by his judgment, three appeals pending before him thereby decreeing the plaintiff-respondent's suit in toto.

(2.) IT appears that the U. P. Government has sanctioned a scheme for planting trees by the roadsides in district board areas. Some trees are planted by the district boards themselves while permission is given sometimes to private individuals also to plant trees on the roadsides. The scheme contemplates that persons desirous of planting trees should obtain written consent of the district board, should tend and look after the trees while they are young and protect them against frost and depredation by cattle during their growth. After the trees are grown up a Sanad is issued to the planters recognising their title to the said trees.

(3.) GHURAHU Rai, plaintiff-respondent, obtained a Sanad of the aforesaid nature from the District. Board of Banaras in 1905 in respect of 32 trees. In 1922 he again applied for a similar Sanad in respect of 24 more trees. He was asked to produce the written permission of the Board for planting, those trees but he failed to do so and his application was rejected. He made a similar attempt in 1923 also which met the same fate. In 1934, however, he succeeded in obtaining a fresh Sanad in respect of 56 trees. This number included 32 trees of 1965. In other words, this Sanad was granted in respect of 24 new trees. At that time Mr. Tondarmal was the Chairman of the District Board. After he vacated the office his successor repudiated the Sanad and, we are informed, a resolution was also passed at a certain stage cancelling the Sanad.