STATE OF ASSAM Vs. BIRAJ MOHAN SARKAR

JUDGEMENT

(1.) THIS appeal is by the State of Assam, the principal Defendant in the suit before the Court below. The Plaintiff Respondent Biraj Mohan Sarkar brought a suit for a declaration of his title to the elephant mentioned in the schedule of the plaint by right of purchase from one Abdur Rahman Laskar. The Plaintiff's case is that in the year 1947 lie commenced timber extraction work at Harangajow under permit system and is still carrying on the extraction work in that area. The Defendant No. 4, who was the owner of the disputed elephant, settled with the Plaintiff in the month of April 1955 for giving the elephant on hire at Rs. 20/ - per working day from the month of December 1955. The Plaintiff gave an advance of Rs. 600/ - to him. The elephant was taken to Harangajow for the extraction work. When the elephant was in possession of the Plaintiff, the Defendant No. 4 In the month of March 1956 expressed his desire to sell his elephant to the Plaintiff. On the 23rd March 1956 for a sum of Rs. 6,000/ - the elephant was sold at Silchar to the Plaintiff and thus the Plaintiff became, the owner, of the elephant. In view of certain demands against the proforma Respondent, the vendor of the elephant, due to the fishery dues, a recovery certificate was issued in favour of the Statu. When the elephant was engaged in the extraction work at Harangajow it was attached on the 28th December 195G by the order of the pro forma Defendant No. 3, that is the Sub -divisional Officer, Haflong, North Cachar Hills. It is this order of attachment which has been challenged by means of the present suit for a declaration of the Plaintiff's title to the elephant.

(2.) IT is not disputed that the elephant is at Haflong and was attached by the order of the Subdivisions officer, Halfling, which is not within the jurisdiction of the court below. A number of points were taken in defense. The contention was that the; Silchar Court had no jurisdiction to try the suit. It was further urged before the court below that there was no transfer; the purchase was became and thus Abdur Rahman Laskar still continued to be the owner of the elephant. The trial Court repelled all the objections of the Defendants and decreed the suit. As against that decree the, present appeal has been filed.

(3.) WITH regard to the first contention, reliance is placed on Section 16 of the Code of Civil Procedure. Section 15 lays down as follows: