MUKTESHWAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is a first appeal by the plaintiff against the judgment and decree dated 30-8-1969, passed by the Additional Subordinate Judge, Chaibassa, in Title Suit No. 3/1 of 1938.

(2.) THE plaintiff, who is a timber merchant, being the highest bidder at a public auction held on 8-8-1966 at the office of the Divisional Forest Officer, Chaibassa, in pursuance of a notice published in the Bihar Gazette dated 13-7-1966 (Ext. 6), had purchased forest coupe No. 29 at Noamundi for its exploitation in the year 1966-67, at Rupees 32,005, and, in pursuance thereof, an agreement dated 8-8-1966 (Ext. 5) was also signed on the same date by him and the Divisional Forest Officer which was thereafter forwarded by the Divisional Forest Officer for its execution by the Chief Conservator of Forest who is the officer authorised to sign and execute agreements above Rs. 20,000 and below Rs. 50,000 on behalf of the State Government.

(3.) ACCORDING to the plaintiff, he was supplied with a copy of the agreement, after its execution by the Chief Conservator of Forest, in November, 1967, whereas, according to the defendant, after its receipt from the Conservator of Forest on 21-6-1967, it was sent to the plaintiff by the Divisional Forest Officer along with his letter dated 14-7-1967 (Ext. A).