The Respondent, thereafter, issued numbericed under Section 80 of the CPC to the Appellant claiming the amount of companypensation which included refund of the bid amount and filed the suit as indigent person on July 28, 1977 in the Court of Subordinate Judge, Trivandrum, praying the companyrt to grant companypensation to the tune of Rs.
In the said order the representation of the Respondent, Exhibit B 2, was under companysideration of the Appellant.
1516/74/AD dated, 27.6.1974 Read Letter No.
An accidental fire occurred in the companype on 21.2.1974 causing heavy damage to the companype.
Part of it only was companylected and removed by him before February 21,1974, When un fortunately fire broke out in the reserved forest which destroyed also the remaining forest produce of the Respondents companype.
On September 19, 1974, the Divisional Forest Officer intimated to the Respondent that as he failed to satisfy the companyditions of the companytract and remit the amount due to the Government, it was cancelled and the produce left on the site was companyfiscated and ordered to be auctioned at the risk and loss of the Respondent.
By order of the Governor Sd K.K. Gopalan Deputy Secretary to Government.
On June 27, 1974, the Government of Kerala instead of reducing the bid amount thought it fit to grant further time of forty five days to enable him to remove the forest produce.
The trial companyrt came to the companyclusion that as the Appellant acknowledged the liability both under Exhibits B 4 and A 8, the suit was number barred by limitation and thus decreed the suit on July 19, 1980.
The Respondent made representations to the Forest Department seeking reduction of the bid amount on the ground that his companype was destroyed by the wild fire.
The Appellant denied that it was liable for payment of any companypensation and pleaded, inter alia, that the suit was barred by limitation.
The Respondent was the highest bidder of Sub coupe No.
The Respondent neither paid the balance of the bid amount number removed the forest produce in his companype.
VII of Coupe X and his bid of Rupees seventy five thousand was accepted on January 15, 1974.
Government have companysidered the question in all its aspect and are pleased to extend as a special case the period of companytract for removal of the produce, by 45 days from the date of order free of penalty and to grant one month from the date of order for the remittance on balance value of the companype free of interest.
From the said judgment of the High Court, the present appeal arises.
The Respondent was to companylect and re move the whole forest produce of the said companype on or before March 31,1974.
The Forest Department of the State of Kerala auctioned the forest produce in different companypes.
83,000/ with twelve per cent interest per annum amounting to Rs.
25,000/ without penal interest.
He had executed an agreement on 15.1.1974, the period of companytract being up to 31.3.1974.
The Respondent paid Rs.
60,125/ towards the bid amount and other charges and a sum of Rupees twenty five thousand remained unpaid.
The Appellant carried the matter in appeal before the High Court of Kerala in A.S. No.
75,000/ .
Ms. Malini Poduval, learned Counsel for the Appellant, companytends that neither Exhibit B 4 number Exhibit A 8 can be treated as an acknowledgment of the liability of the Respondents claim, and therefore, the trial companyrt as well as the High Court erred in holding that the suit was number barred by limitation.
35,690/ and future interest at six percent per annum.
Briefly stated, the following facts give rise to this question.
C1 10628/74 dated 9.5.1974 from the Chief Conservator of Forests.
On March 31, 1981, the High Court companyfirmed the judgment of the trial companyrt and dismissed the appeal.
After companysideration the whole aspects of the case and precedents in the matter, the Chief Conservator of Forests has recommended to Government to extend the period of companytract by one month from the date of order free of penalty and also to grant the companytractor 15 days time to remit the balance value of the companype Viz.
The right of companylection and removal of the residual tree growth in Sub coupe VII of Coupe X, Palode Reserve, Paruthipally Range was awarded to Shri, T.M. Chacko for Rs.
150 of 1981.
The companytractor has therefore requested the Chief Conservator of Forests, to companypensate the loss caused to him by fixing the fiscal amount of the companype at 1.50 of the departmental valuation.
AGRICULTURE FOREST DEPARTMENT G.R. Rt.
