RAM CHANDAR Vs. JAGAN NATH

JUDGEMENT

(1.) This second appeal, by a defendant arises out of a suit, for the recovery of a sum of Rs. 280,0/-, as compensation for breach of contract.

(2.) The appeal arises under the following circumstances. Ram Chandar, appellant, purchased a lease of certain bamboo forest, from the Forest Department, Sirmur District, for Rs. 2700/-. By means of an agreement dated 15-9-49 (Ex. P2), Ramchandar transferred his rights under the lease to Jagan Nath respondent No. 1. In pursuance of this agreement, Jagan Nath paid a sum of Rs. 250/- as earnest money of Ram Chandar, on the day of agreement (15-9-49), and a further sum of Rs. 1000/-on 13-10-49. Jagan Nath, allegedly, spent a sum of Rs. 1250/- over cutting bamboos in the forest. Ram Chandar however failed to obtain a export permit for the bamboos, from the Forest Department. He also failed to execute the necessary agreement, with the Forest Department, with the result, that the lease in his favour was cancelled by the Forest Department and Jagan Nath was restrained, from removing the cut bamboos. Jagan Nath, therefore, claimed a sum of Rs. 2800/- from Ram Chandar consisting of the following items: <FRM>JUDGEMENT_5_TLHPH0_1957Html1.htm</FRM>

(3.) The suit was resisted by Ram Chandar, on various grounds; inter alia Ram Chandar contended, that Jagan Nath had failed to pay the instalments to the Forest Department, as they fell due, and consequently, no export permit was granted and the lease itself was cancelled. Bam Chandar further maintained, that he was entitled, to recover a sum of Rs. 855/-from the plaintiff as damages, being the amount recovered from him by the Forest Department, as loss sustained by the Government following the re-sale of the Bamboo Forest.