ALISAHEB BABA DIWAKAR Vs. MOHIDIN SADIK

JUDGEMENT

(1.) On the 21st of November 1904 the plaintiff contracted with the co-owners of 15/16 share of two jungles to cut down and convert into charcoal trees of certain descriptions, and on the 13th of February 1905 a more formal document was executed in which the material provisions, were as follows:--- The above-mentioned properties which have been our aneestral (sic) properties and which have been in out possession and UNDer our Vahivat up to this day, stand in Government records ill the name of Lahuji Amrutrao Raje Mulaue, he being a member of the eldest brunch of the family. As to that--excepting the trees standing in the one anna share of Lahuji Amrutrao out of the said property--all our rights and interest and ownership for the purpose of cutting the trees are agreed to be given to yon. The terms in respect thereof are as follows:-- 1. The trees appertaining to our share in both the properties are agreed to be given to you for a price of Rs. 3,995. Out of that Its. loco are taken by us on the 21st of November 1904 and Rs. 1,500 in cash are paid this day in all Rs. 2,500 are received by us. There remain Rs. 1,495. As to that, at the time when the cutting of the trees of both the above mentioned villages will be commenced, Rs. 495 should be paid to us first and then the cutting should be done. The balance Rs. 1,000 should be paid before the expiry of the fifth year.

(2.) As to the aforesaid trees you should, within five years, out the same, and making them into charcoal remove the same at your own expense and you should defray the expenses in connection with the passes, and stamp, i. e., the expenses required to be made by Government for taking away the same, i.e., the goods.

(3.) As to the growth which there will be after one cutting, you are to have no right to the same.