ONKAR BAHADUR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff whose suit for return of certain logs of wood or its value has been dismissed on two preliminary grounds; firstly that the suit was premature and secondly because the defendant-State was not liable to the plaintiff.

(2.) IT is the case of plaintiff that he had cut the logs from a village forest and action against him for breach of rules framed under Section 202 of the Land Revenue Act in the matter of that cutting was taken, and he was fined in addition to the confiscation of the timber. However, the Board of Revenue set aside both the orders, imposing fine and confiscation of the timber, and the revenue officer was directed to return the wood to the person from whose possession it was seized. The plaintiff averred that nothing was done to return the timber to him and ultimately he had to serve a notice under Section 80, Civil Procedure Code, proposing to file a suit either to obtain the timber or its price from the defendant.

(3.) THE defendant-State raised several pleas repudiating the claim of the plaintiff. The suit was claimed to be premature and bad for non-joinder of the supratdars, who were entrusted with the-timber.