LAWS(PVC)-1937-4-117

SRI SRI RAJAH KRISHNA CHANDRA GAJAPATHI NARAYANA DEO GARU, RAJAH OF PARLAKIMEDI Vs. KUPPILI RAMAJOGI DORA

Decided On April 29, 1937
SRI SRI RAJAH KRISHNA CHANDRA GAJAPATHI NARAYANA DEO GARU, RAJAH OF PARLAKIMEDI Appellant
V/S
KUPPILI RAMAJOGI DORA Respondents

JUDGEMENT

(1.) This second appeal arises out of a suit filed by the plaintiff for recovery among other things of a sum of Rs. 316 made up of Rs. 300 being the value of two garces of vippa kernel and Rs. 16 being the value of 32 gunnies, which according to him were wrongfully sold by the agents of defendant 1. A few facts may be stated to appreciate the claim put forward by the plaintiff. This forest produce was admittedly collected in the forests of defendant 1. Under the rules framed in virtue of the provisions of the Forest Act to regulate the management of the forest lands in the Parlakimedi Estate, the plaintiff is not entitled to remove the said produce without a permit being obtained from the forest officials of the estate or paying the seigniorage therefor. On 11 October 1927 the plaintiff had this produce loaded in four carts and without obtaining a permit or paying the seigniorage was about to remove the same from the forest. Thereupon the forest officials obstructed and stopped them. For nearly eight months thereafter the plaintiff neither obtained the permit nor paid the seigniorage and removed the said produce. The officials of the zamindar found that the produce was getting deteriorated and if it was kept any longer, it was likely to perish. Thereupon, they obtained permission from defendant 1 to have it sold in public auction. Accordingly notices were issued, the produce was sold in public auction and a sum of Rs. 75 was realized.

(2.) So far as the public auction is concerned, nothing has been alleged against its bona fides. What the plaintiff alleged was, as the forest produce belonged to him, defendant 1 had no right to meddle with it and sell it and the public auction was therefore wrongful and defendant 1 is liable to him as and for damages for wrongful conversion of his goods. The plea raised by defendant 1 was that he had a right to seize the goods Under Section 67, Madras Forest Act; even otherwise he had a right to prevent the produce being taken away out of the forest without the seigniorage being paid therefor and as the plaintiff had no right to the goods in respect of which he had not paid seigniorage, the plaintiff had no right to claim the value thereof. A further plea of defendant 1 was that as the bags were being eaten away by white ants he ordered the goods to be sold in auction. The District Munsif took the view that Section 67, Madras Forest Act, did not apply to the case, that the sale was wrongful, that the plaintiff was not bound by the auction and that the proper price of the goods was Rs. 156; he therefore gave a decree for the said sum in favour of the plaintiff. The learned Subordinate Judge was of the opinion that Section 67 would apply to the case but that defendant 1 was not a District Forest Officer within the meaning of the section, that he had no right to seize the goods and sell the same and he therefore confirmed the decree of the learned District Munsif.

(3.) This decision is canvassed as unsound on behalf of defendant 1. Three contentions were raised on his behalf: (1) that Section 67 applied to the case and defendant 1 was a District Forest Officer within the meaning of the said section; (2) that even if Section 67 was not made expressly applicable, it must be deemed to be applicable by necessary implication by virtue of Secs.4 to 19 and 26, Forests Act having been made applicable to the case; and (3) that as defendant 1 had a right to detain the goods when no permit was taken from his officials and as the goods were not removed for a period of eight months and they were about to perish, he was within his rights in selling the goods and he can be made accountable if at all only for the amount realized by him at the auction sale less the seigniorage, which was due to him before the removal of the goods.