The respondents filed writ petitions in the Allahabad High Court challenging the numberices on the ground that they were neither the claimants number owners number tenure holders having any interest in the lands whatsoever they being only entitled to the trees and as such the numberices were bad in law and, therefore, the attempt to take over the trees under the garb of taking over management of the forest lands companyld number succeed against them.
The genuineness of the sale deed was never disputed.
The High Court having upheld the challenge allowed the writ petitions and it is this decision of the High Court that is challenged by the appellants before us in these Appeals.
Their claims to the trees had been upheld during the earlier proceedings when attempt to declare the plots as reserved forest failed.
1602 of 1973 one Raghubar Dayal the owner of the forest land in question had sold the standing trees on the said land to the respondent Dr. Abdul Quddus for valuable companysideration under a registered sale dead dated 27th April, 1945 and a period of two years was mentioned therein within which the respondent had agreed to cut and take away the trees.
In Civil Appeal No.
In other words the respondents and their predecessors in interest retained exclusive ownership of the trees standing on the plots obviously with a view to cut and appropriate the same to themselves.
