(1.) THIS is a first appeal filed by the plaintiffs against the dismissal of their suit C. S. No. 2-B of 1952 by the Additional District Judge, Rajnandgaon.
(2.) THE undisputed facts in this case are --, these. The plaintiff (1) had removed 425 logs of teak from the Government reserved forest village Kholarghat, Tahsil khsiragarh, in the beginning of 1950. He was being prosecuted for the offence of illicit felling but the matter was compounded. The composition of the offences was made by plaintiff No. 1, Birsingh, and the plaintiff No. 2 Sugansingh Mohta had stood surety for the amount. Sugansingh Mehta (Plaintiff No. 2) deposited the price of timber, Rs. 13,225, as determined by the Forest Officer, in composition proceedings. Besides, this, a sum of RS. 150 was deposited as composition fee for three offences.
(3.) THE contention of the plaintiff was that the timber should have been valued by the Forest Officer at the rates given in Schedule 2 to the plaint, which are stated to be rates of royalty in force in the former Khairagarh State before the date of merger (1-1-48 ). At these rates, the royalty would have been only Rs. 3,018-8-0. The suit was for the recovery of the amount paid in excess.