SHANKER NATH Vs. U P VAN NIGAM

JUDGEMENT

(1.) BHAGWAN Din, J. All these appeals arise out of a common judgment and order dated 6-6-1988 passed by the District Judge, Almora allowing Misc. Civil Suit No. 77 of 1987, dismissing Misc Civil Suit No. 19 of 1987 and setting aside the award made in Arbitration Case No. 20 of 1982. Since the common question of law and facts is involved in all these appeals, therefore, they are taken up together and conveniently disposed of by a common judgment.

(2.) THE facts having bearing on the controversy in these appeals are that Bishan Nath, the father of the present appellants, entered into an agreement with the Uttar Pradesh, Van Nigam-respondent No. 1 for felling, transporting and stocking of pine trees of lot No. 32 Lamgara Compart No. 21, Someshwar Range, West Almora Forest Division, Almora. Under the agreement the wooden logs were to be transported to Haldwani Depot of Van Nigam. Bishan Nath completed the entire work under the agreement in time and a sum of Rs. 9,24,001. 50 after deducting the income tax accrued due to him on account of work done under the agreement.

(3.) THE learned District Judge dismissed the case of appellants and decreed the suit of respondent No. 1 setting aside the award. Feeling aggrieved of the judgment and decree passed by the District Judge, the appellants, have filed these appeals.