STATE OF RAJASTHAN Vs. MANNA LALL

JUDGEMENT

(1.) THIS is an appeal by the State and is directed against the judgment and decree of the learned Additional District Judge, Jhalawar dated 22-8-68 awarding a sum of Rs. 3565/- to the plaintiff respondent.

(2.) THE plaintiff respondent filed the suit on 2n3-65 alleging that on 12-7-61 the plaintiff had been given the contract of cutting grajss in the Piplaj forest, Tehsil khanpur, for an area of 484 acres for the year 1961-62 for an amount of Rs. 2901/ -. The one-fourth amount was paid by the plaintiff as earnest money and the remaining amount was paid by him in instalments. The grievance of the plaintiff was that even though an area of 484 acres was given to him, possession was handed over to him only in respect of an area of 400 acres. The plaintiff further averred that there was some delay in depositing the due instalments and for this reason the District Forest Officer had cancelled the contract on 15-2-62. Further 600 stacks of grass which had been cut by the plaintiff were seized. Against the order of the District Forest Officer the plaintiff lodged an appeal to the Chief conservator of Forest, Raiasthan, who accepted the same and ordered that on the plaintiff's depositing the outstanding amount the grass that was seized be made over to the plaintiff. Accordingly, the plaintiff deposited the out-standings, but was handed over only 284 stacks of grass and 316 stacks were not returned back to him.

(3.) THEN there was another transaction between the plaintiff and the Forest department. It was that on 22-1-64, the District Forest Officer, Jhalawar had purchased 300 stacks of grass of range Khan-pur from the plaintiff and the price thereof came to Rs. 3000/-, but only an amount of Rs. 1863/- was paid to the plaintiff. Further in respect of this transaction the plaintiff claimed Rs. 150/- as transportation charges. Thus, an amount of Rs. 738/-was claimed by the plaintiff in respect of this transaction.