STATE OF MADHYA PRADESH Vs. ABDUL AJIJ

JUDGEMENT

(1.) THIS first appeal is filed by the defendant (State) under Section 96 of cpc against the judgment and decree dated 23-4-1985, passed by learned additional District Judge, Kukshi, District, Dhar in C. S. No. 15-A of 1983.

(2.) THE issue involved in suit and now in appeal is legal and short one. Indeed, as rightly urged by the learned Counsel for the respondent it is in fact covered in favour of respondent (plaintiff) by a Division Bench decision ahmadji Vs. State, reported in AIR 1986 MP 1.

(3.) A suit was filed by the plaintiff for release of his Truck bearing no. CPF 8081 which was seized/confiscated by the forest authorities on 13-4-1982 by invoking powers under Section 55 of the Forest Act. The Trial court by impugned judgment/decree decreed the suit and inter alia directed the forest authorities (defendants) to release the Truck in plaintiffs favour. It is against this decree, the defendant has come up in first appeal.