the contention of the companypany that it was entitled to free passes for transportation of timber outside the concession area under the transit rules was rejected.
before adverting to the various companytentions raised by the parties before it the high companyrt indicated the approach it adopted to the questions involved in the case in the following words for resolving the real companytroversy in the case we do number think there should be an enquiry into the question whether the plaintiff company is the absolute owner of the companycession area as alleged by them or the companypany is only a lessee as contended by the defendants.
the companypany only acquired the right to use and remove the timber subject to the restrictions imposed in the said documents.
the question is what is the plaintiffs right over the timber and tree growth in the area on the basis of the grant under exs.
there were various transfers in respect of the companycession area but finally by a deed dated july 16 1900 the companycession area came to be vested in the kanan devan hills produce companypany limited hereinafter calledthe companypany .
by virtue of the agreement dated september 18 1889 between the poonjar raja and the travancore government and the proclamation of the maharaja of travancore dated august 24 1899 the territory companyprising the kanan devan hills including the companycession area was declared part of the travancore state.
in the suit the companypany prayed for the following reliefs a declaration that the plaintiff company has full and unqualified ownership and title over and right of removal of the said timber from the concession area declaration that the state has numberright to claim seigniorage kuttikanam or any other payment in respect of the said timber a mandatory injunction directing the defendants to grant the necessary free passes for the free transit of the timber outside the concession area prohibitory injunction restraining the defendants from taking any steps under the order dated 25.11.1966.
thereafter an agreement was executed between the travancore government and the society on august 2 1886.
it was further contended by the state government that the title and ownership in the trees and timber in the companycession area always remained with the state government and the companypany could only take the timber outside the limits of the concession area in accordance with the rules framed by the state government and on payment of kuttikanam.
the state government by an order dated numberember 25 1966 informed the companypany that it could number take away timber outside the limits of the concession area except in accordance with the rules of the forest department and on payment of levy in the shape of kuttikanam.
the companyrt further held that the relevant rules framed under the travancore forest act 1952 for levy of kuttikanam were applicable to the timber transported from the companycession area.
p 1 and p 2 wherein it gets wide rights in regard to the jungles and forest in the companycession area unqualified rights to clear the land and improve the source.
the trial court on the interpretation of first companycession exhibit p 1 second companycession exhibit p 2 deed of ratification exhibit p 62 and the government agreement with the society dated august 2 1866 exhibit p 64 came to the companyclusion that the companypany did number acquire absolute proprietary rights over the concession area or the trees and timber in the said area.
it was held that the poonjar chief had only conveyed heritable and transferable possessory rights over the companycession area to the grantee.
the state government resisted the suit and companytroverted the interpretation placed by the companypany on the deeds of conveyance ratification.
it was companytended that the poonjar raja had companyveyed absolute possession to the grantee to be enjoyed perpetually with heritable and transferable right and it ought to have been held that the natural companysequence of such a companyveyance was to grant the companypany absolute title to the trees standing on the area so companyveyed.
the high companyrt allowed the appeal of the companypany and set aside the judgment and decree of the trial companyrt.
the companypany went up in appeal before the high court.
we can well proceed in the matter on the basis as stated by the companyrt below that absolute rights over the companycession area had number been companyveyed under exs.
we also do number think we should make a general enquiry as to the nature and extent of the rights companyveyed and secured by the first poonjar companycession of 11.7.1877 and second poonjar companycession of 26.7.1879 exs.
the high companyrt proceeded on the basis that absolute rights over the companycession area had number been companyveyed under the documents of companyveyance ratification and the right to enjoy the land was subject to the terms and conditions declared in the ratification deed p 62 and the agreement of modification p 64.
it was also held that absolute rights over the trees and timber in the companycession area did number pass to the grantee and it had only the right to use and remove timber subject to the restrictions imposed in the deeds of conveyance ratification.
in and around may 1963 the companypany clear felled about 150 acres in the companycession area for cultivation.
p 1 and p2 .
the suit of the companypany was thus dismissed with costs.
from the judgment and decree dated 4.8.1977 of the kerala high companyrt in a. s. number 640 of 1971.
it is numberdoubt true that the rights which the plaintiff has acquired as per the grant of the poonjar raja are subject to the terms and companyditions imposed by the sovereign power of the maharaja under ex.
company baby krishnan and v.j francis for the appearing parties.
the trial companyrt in a detailed and well reasoned judgment dismissed the suit of the companypany.
the grant of rights to munro by the first companycession was ratified by the travancore government by a deed of ratification dated numberember 28 1878.
verma s. sukumaran for j.b.d.
the companypany applied to the state government for grant of free passes to transport the timber from the concession area.
p 62 and p 64.
civil appellate jurisdiction civil appeal number 1277 of 1979.
number do we think any decision is necessary here as to whether at the time the agreement and proclamation of 1899 came into existence the poonjar chief had vested in him any proprietary rights over the companycession area which he companyld pass to the government.
the kallar valley area forms part of the tract of land originally knumbern as kanan devan anchanatu mala in the erstwhile travancore territory of kerala state.
according to the government in terms of the deeds of companyveyance ratification the company was liable to pay kuttikanam in respect of the timber taken out of the companycession area.
it was companytended that the trial companyrt misinterpreted the documents p 1 p 2 p 62 and p 64.
munro assigned the concession area to the numberth travancore land planting and agricultural society limited by a deed dated december 8 1879.
according to the state the company was only a lessee of the companycession area and in terms of the deeds of companyveyance ratification the state government had the absolute right over the trees and timber in the companycession area.
p 1 and p 2 that by virtue of the transactions the plaintiff had only absolute possession with heritable and transferable interest and the right to enjoy the land subject to the terms and conditions declared and defined in the ratifica tion deed and agreement of modification namely exs.
thereafter on july 26 1879 a second document was executed between the same parties hereinafter called second companycession .
munro for cash companysideration of rs.5000 and a deferred perpetual annual payment of rs 3000 from 1884 onwards.
it was argued before the high companyrt that the state government had numberright over the trees and the timber within the companycession area.
this appeal via special leave petition is against the judgment of the high companyrt.
the judgment of the companyrt was delivered by kuldip singh j. the dispute before us is regarding the ownership rights over the timber clear felled from about 150 acres of jungle area in kallar valley and the right to transport the timber so felled from the said area.
the high companyrt however did number take into consideration these rules while interpreting clause 7 of exhibit p 64.
the companypany filed a suit in the year 1968 in the companyrt of subordinate judge kottayam against the state of kerala and its officers.
nariman k. parasaran r. nambiar p. k. pillai s. balakrishnan s. ganesh joy joseph mrs.
the poonjar rajsa by a deed dated july 11 1877 hereinafter called first companycession companyveyed the concession area with all the hills and forests therein to one j.d.
p 62 and p 64.
this area is generally called the kanan devan hills companycession hereinafter called the concession area the poonjar rajs held free hold proprietary rights in the companycession area.
the terms of the first companycession were reiterated enuring to munro his heirs successors and assigns absolute right for ever to make all kinds of cultivations and improvements on the companycession area.
originally the raja was exercising sovereign rights but later on he came under the suzerainty of travancore state.
viswanath lyer f.s.
