STATE Vs. MUMTAZ HUSSAIN

JUDGEMENT

(1.) THE first appeal by defendant State of U.P. is directed against the judgement of the Additional Civil Judge, Nainital dated 30-4-1963 decreeing the suit filed by Sri Mumtaz Hussain Contractor for a sum of Rs. 31,338/-.

(2.) THE plaintiff Mumtaz Hussain filed the suit giving rise to the present appeal in the court of the Civil Judge, Nainital alleging that he had purchased the entire Shisham trees in the area between rivers Dhimri and Baur which are sold to him under an auction sale conducted by the Agricultural Officer, Co- operative Farm, Rudrapur under the Colonization Scheme on 25-5-1952 for a sum of Rs. 7,500/-. In due course he deposited the entire sale consideration and started cutting and felling the Shisham trees and was expecting to complete the work before 30-11-1952. Official the Forest Department, however, illegally and without authority started interfering with the plaintiff's work and finally stopped him from exporting timber and illegally seized all the timber cut by him. He, thereupon made representation to the Colonization Department. But to no effect. Even his prayer for extension of time to complete the work was unreasonably refused by the Colonization Department. According to the plaintiff he had collected 10,000 cubic feet of Shisham wood and thirty chattas of feel wood which had been illegally detained by the Forest and Colonization Department of the State. As a consequence thereof, the plaintiff suffered a loss of Rs. 40,000/-. He, therefore, served a notice under Section 80 of the Code of Civil Procedure which did not, yield any result. He had no option but to file the present suit claiming a decree for Rs. 40,000/-.

(3.) BEING aggrieved the State of U.P. has come up in appeal before this court.