THE STATE OF ASSAM Vs. SRI. HOSSEN ALI

JUDGEMENT

(1.) THE opposite party was the owner of lands under Khatian Nos. 99 and 26. He instituted Title suit No. 379 of 1980 for an order to be issued by the Defendant, the State of Assam, enabling him to fell 84 Sal trees (30 on khatian No. 99 land and 54 on khatian No. 26 land) and to appropriate the trees. It was stated in the plaint that the Plaintiff wanted to get the Sal trees for his own use and he applied to the Forest Department to mark the trees as required under the Assam Forest Regulation and that after enquiry the Forest Department marked 54 trees of Khatian No. 26 land on or about 17.10.78. The suit was decreed on 31.1.83. The Plaintiff -opposite party's absolute right over the aforesaid 84 Sal trees was declared and Defendant, the State of Assam, directed to issue order in favour of the Plaintiff for cutting and removing 30 Sal trees on Khatian No. 99 land and 54 Sal trees on Khatian No. 26 land in Village Jaipur under Bilasipara Circle.

(2.) IT appears that there was some dispute about the Khatian lands which was claimed by the Forest Department on the basis of a declaration as forest land as far back as in 1966 notified in the Assam Gazette, while the opposite party obtained the Khatians in 1973.

(3.) ON 9.2.84 the opposite party/decree holder prayed for recovery of Rs. 69,200/ - as the value of the remaining 14 number of trees. On 17.2.84 the decree holder again filed a petition under Order 21 Rule 31 Code of Civil Procedure to recover the amount of Rs. 69,200/ - and for attachment of the judgment -debtor's movable properties by warrant of attachment. On 12.3.84 the judgment debtor filed objection under Section 47 Code of Civil Procedure contending that the executing Court could not go behind the decree and grant relief in terms of money. On 11.4.84 the impugned order was passed.