BHAGWANDAS RANGILDAS Vs. SECRETARY OF STATE FOR INDIA

JUDGEMENT

(1.) The few facts, which are really not in dispute, relating to this appeal are these. On August 26, 1918, the present plaintiff entered into a contract with the Secretary of State for India in Council for the felling and removal and purchase of timber, fire wood and other things specified in item (a) of the Schedule annexed to the contract from the portion of the reserved forest in the Taloda range of the North Khandesh Division, which is known as Coupe No. 14 of 1918-19 of Block II.

(2.) The conditions of this agreement are set forth in detail in Exhibit 14. Under condition I (a) the plaintiff was to pay the sum of Rs. 5,325 in the following four instalments:-

(3.) He was at liberty under this contract to cut certain trees and remove them, subject to the conditions as to passes being given by the Forest Department, except certain trees, which are described as "reserved trees" in the Schedule to the contract. He deposited Es. 540 as security for the due performance of the contract. In the beginning of this contract it is provided as follows:- The contractor, and each of his servants and agents will abstain from every act expressed in the conditions contained as to the abstaining from, and the contractor does hereby agree, in case any breach of such conditions, to pay the Secretary of State through the Divisional Forest Officer on demand made in such behalf by him the sum of Rs. 100, or such smaller sum as may in each case be determined by the Divisional Forest Officer, in default whereof the whole of the said sum of Rs. 100 will in accordance with Section 84 of the said Act (Forests Act VII of 1878, as amended by Act I of 1918) be recoverable from him as an arrear of land revenue.