RAM SWARUP AND ANOTHER Vs. SMT. ANAR DEVI

JUDGEMENT

(1.) This is a defendants appeal against the judgment and decree dated 23-5-1969 passed by Temporary Civil and Sessions Judge, I, Etawah in Civil Appeal No. 135 of 1968.

(2.) It is undisputed that 12 Tari trees stand on plot no. 79, which was newly constructed in consolidation proceedings. The Gram Sabha of the village in suit i. e. appellant No. 2 allowed appellant No. 1 to extract Taris in the year in suit. The respondent filed suit for damages on the ground that she was owner of the trees. The contention of the appellants was that in consolidation proceedings plot No. 79 was not allotted to the respondent and, therefore, she was not entitled to get damages. On behalf of the respondent it was contended that she was not paid any compensation for the trees and, therefore, she was not divested of her rights in the trees. The contention of the appellants found favour with the trial court which dismissed the suit. But the contention of the respondent found favour with the lower appellate court and, therefore, the lower appellate court decreed the respondents suit. Compensation at the rate of Rs. 5 per tree was allowed by the lower appellate court.

(3.) Parties counsel have been heard.