RANADHIR BHOWMICK Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant as plaintiff instituted Title Suit No. 56/1991 in the court of the learned Assistant District Judge, Cachar, (now Civil Judge) against the present respondents, as defendants, praying for passing a decree declaring the Bakijai Proceeding No.1/1990-91/Forest/189- 90 as void, illegal and inoperative; for realization of Rs. 35,750/- being the value of 286 cubic metres of sand, apart from realization of Rs. 300/- being the earnest money deposited and Rs. 8100/- being the security money deposited. THE plaintiff also prayed for pendente lite and further interest at the rate of 18% on the aforesaid amounts.

(2.) THE pleaded case of the plaintiff is that Barak Sand Mahal No. II (hereinafter referred to as the mahal) was put to sale under the provision of the Assam Sale of Forest Products Coops and Mahals Rules, 1977 (hereinafter referred to as the 1977 Rules) for the year 1986-88, in which process the plaintiff participated and the settlement was made in his favour he being the highest tenderer at Rs. 81,000/- for operation of the said sand mahal for the aforesaid period of two years.

(3.) THE learned trial court on the basis of the pleadings framed the following issued for determination :