Lahiri, J. - (1.)This is an appeal by the defendant, the State of West Bengal, in an action to recover a sum of Rs. 7,714-2-11 which is Said to represent the surplus sale proceeds of timbers and logs sold by the Forest Department. The plaintiff's case is that he purchased in auction lots Nos. A-19 and A-20 of 1941-1942 on the 17th of July 1941 for a sum of Rs. 9,700 and deposited Rs. 970 as security money and he paid a further 'sum of Rs. 1,555-15-8 by way of adjustment. On account of certain difficulties however the plaintiff could not pay the price according to the instalments specified in the agreement for sale with the result that the Forest Department took possession of the logs and timbers and sold a part of them for a sum of Rs. 7,018-3-3 after incurring expenses to the extent of Rs. 2,300 for rolling and removing the logs and sold the remaining part to Messrs. Bose and Co. for a sum of Rs. 10,170. According to the plaintiff the total amount received by the Government by the resale of the said two lots was Rs. 19,714-2-11 and the total dues payable by the plaintiff was Rs. 12,000 as detailed in the schedule to the plaint. The plaintiff accordingly sued for the recovery of the balance of Rs. 7,714-2-11 which, according to him, represented the surplus sale proceeds of the timbers and logs and which, according to his claim, was payable to him under Section 83 (3) of the Indian Forest Act. The plaintiff further stated that he claimed this amount by his letter dated the 1st of September 1942 which was refused and on an appeal by the plaintiff, the Conservator of Forests, Northern Circle, finally rejected the plaintiff's claim by his letter dated the 13th September 1946 and the Government also rejected the plaintiff's claim by its letter dated the 28th of February 1948.
(2.)The main defence of the defendant was that on account of the failure of the plaintiff to pay the instalments specified in the agreement, the agreement or sale was legally determined by the Divisional Forest Officer and thereafter the plaintiff had no legal claim to the money.
(3.)At the trial the defendant produced evidence to show that the payment claimed by the plaintiff by way of compensation was not Rs. 1,555-15-8 as stated in the plaint, but was Rs. 1,474-8-0 and this evidence was accepted by the plaintiff.