STATE OF MADHYA PRADESH Vs. DEVILAL SHIVLAL PALLIWAL
LAWS(MPH)-1969-12-4
HIGH COURT OF MADHYA PRADESH
Decided on December 04,1969

STATE OF MADHYA PRADESH Appellant
VERSUS
DEVILAL SHIVLAL PALLIWAL Respondents

JUDGEMENT

- (1.) THIS appeal arises from a suit for recovery of Rs. 2,05,000/-as value of wood which belonged to the plaintiff and was seized by' Revenue Officers in exercise of powers under Section 202, of the C. P. Land Revenue Act, 1917.
(2.) SHIVLAL (whose legal representatives are respondents Devilal and Smt. Godavaribai) brought the suit against the State on the allegation that he was a malguzar Lambardar of village Jamalpani, Settlement No. 154, Patwari Circle No. 24, Tahsil Sausar, district Chhindwara. He did cutting of trees in some portion of his malguzari jungle at Jamalpani in the year 1949-50. The cut teak wood and fire wood were lying in the jungle and outside it. The plaintiff did the cutting work in the forest from September 18, 1949 to October 19, 1950. The plaintiff completely observed the rules framed for cutting jungles, but under the impression that the provisions of Section 202 of the Land Revenue Act had not been observed, the state started proceedings against the plaintiff through its officials. (Revenue Case no. 37/v-4 of 1949-50 ). Shri Das Sharma, Naib Tahsildar, seized the plaintiff's cut wood through the Revenue Inspector on October 22, 1950. The property seized was entrusted to Shakharam (defendant 2), a resident of Jamalpani, Eventually, this revenue case was filed on December 22, 1952. "but the plaintiff did not get back his seized goods. The order for selling the seized goods y auction was also passed on 22-12-52",
(3.) IT was further alleged in the amended Elaint that revenue proceedings were started y the officers for complicating the plaintiff's claim as far as possible. The plaintiff filed an appeal before the Board of Revenue. The appeal was allowed and the order dated March 22, 1954, passed by Shri Konher, and the order of the deputy Commissioner dated February 12, 1954, were set aside by the Board of revenue, by its decision dated September 28, 1955. On these allegations, the plaintiff claimed a decree for Rupees 2,05,000/ -. He estimated the value of his wood at Rs. 2,28,744/ -.;


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