ROOP LAL ABROL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a civil first appeal against the decree and judgment of His Lordship, the Chief Justice dated 5th April, 1968 whereby he has dismissed the suit of the plaintiff. The plaintiffs suit was that he was granted a right to collect drift wood from river Ravi from 1 -4 -1961 to 31 -3 -1962 on payment of Rs. 17.500/ - by the State of Jammu and Kashmir on which he had paid Rs. 5,833.33 and he had collected the drift wood and stocked it at Shan, Dhana, Badhani Noors, Rajpura and Sukhal Khud in Kathua District; that the Beacon Signal Task Force (hereinafter referred to as Beacon Project). People removed all these stocks worth Rs. 28,000/ - from the above mentioned places from November 1961 to December 1961 in their unit vehicles and transported it to Dhana camp and Pathankot. The plaintiff sought protection of his rights and invoked the aid of police and forest authorities. As the plaintiff had been unable to get the money or redress of his grievances, he first brought a suit for declaration that the State could not recover the remaining amount of Rs - 11,666.67 still outstanding against him and for a refund of Rs. 5,833.33 and a declaration that the defendants were liable to pay to the plaintiff a sum of Rs. 28,000/ - and for equitable adjustment of the claims of the plaintiff against the defendant and for a net decree for Rs. 16,233,33.

(2.) WRITTEN statements were filed by the defendants and the learned Judge by means of his order dated 28th March 1964 framed the following issues in this case: -

(3.) THE plaintiff it seems later on gave up his claim against the defendant No. 2 (State of Jammu and Kashmir) and also paid the court fee on Rs. 28,000/ -The learned trial Judge held as under on the different issues.