VISHRAM ARJUN Vs. YERUKULA SHANKARIAH

JUDGEMENT

(1.) IT is intended by this judgment to dispose both the appeals Nos. 121 and 99 of 1954 arisen, out of a single judgment dated 10 -7 -1954 passe by the District Judge, Secunderabad. Appeal No 99/1954 is filed by the Plaintiff, Vishram Arjun, against the dismissal of his suit and appeal No. 1217, .1954 is preferred by the Defendants, Yerukula Shankarayya, timber merchant of Warrangal and: Muhamed Mohasin Khan, timber merchant of Chinnur against the dismissal of their counter -claims.

(2.) THE facts of the case are simple and for the most part undisputed. It would appear from, the pleadings that P. W. Department undertook ; Kadam Canal Project which was to run through some of the forest area in Adilabad District. The site of the canal and certain portion (space) on either side of it had therefore to be first cleared: Vishram Arjun, a contractor was given the contract of clearing the portions between miles 26 to 30 in August 1949. Ex. D -34 dated 30 -8 -1950 is die agreement between Vishram Arjun and the Forest Department and it embodies all the terms to -which the contract of sale was subjected.

(3.) THE learned trial Judges agreed with the contention of the Plaintiff so far as the counterclaim of the Defendants was concerned and dismissed the same accordingly but held that the claim of the Plaintiff based as it was on Ex. P -6 was untenable. The Plaintiff had applied t in vain for the W in fact the Defendants; but neither Jucn rein argument that on the admission of the themselves the Plaintiff could be grant life found favour with the learned Unmissed the suit with costs against the Aggrieved by this, Plaintiff has come the Defendants too have preferred against the dismissal of their counter law