2007 8 0.
They further claimed that income by selling poola grass was to be within sayar income.
3011 8 0 as the average annual income to be added to the gross assets for assessment of companypensation.
The Lalas stated that on the basis of appraisement of the annual yield on the date of vesting of the forest Prithipur the share of each came to Rs.
800/ aggregating Rs.
The Lalas appraised Rs.
5106/ .
113914/ aggregating Rs.
The Compensation Officer decided that the income from the poola grass, was number sayar income but forest income and disallowed income from poola grass in entirety.
2211 8 0 and Rs.
Fourthly, the Compensation Officer should have accepted the appraisement of the annual yield of the forest on the date of vesting as claimed by the Lalas.
With regard to the forest in village Chharba the Compensation Officer arrived at the figure of Rs.
L887upCI/72 C. Chagla, S. R. Agarwala, A. T. M. Sampath and E. C. Agarwala, for the appellants in all the appeals .
M. Singhvi and O. P. Rana, for the respondent in all the appeals .
With regard to the Prithipur forest the Lalas claimed that they had worked the forest during the years 1945 to 1952 and that the average annual income of each of their share from the Prithipur forest on the basis of 20 agricultural years immediately preceding the date of vesting came to Rs.
7955/ .
The Compensation Officer gave the additional reason for rejecting the income from poola grass for these two years that in the extract of khatauni it was number mentioned as to what the source of income was.
The Lalas claimed one tenth of the sayar income for 10 agricultural years at Rs.
Appeals from the judgment and order dated September 1, 1965 of the Allahabad High Court in First Appeals Nos.
1274 12 0 and on the basis of the appraisement of the annual yield on the date of vesting it came to Rs.
The Judgment of the Court was delivered by Ray, J. These six appeals are by certificate from the judgment dated 1 September, 1965 of the High Court at Allahabad, Lala Triloki Nath and Lala Digambar Prasad filed four appeals and the State two in the High Court against the order dated 6 September, 1955 of the Compensation Officer.
The Compensation Officer however allowed some sayar income in each forest and decided that the average annual income of the forest under section 39 1 e of the Act should be calculated on the basis of the period of 25 years immediately preceding the date of vesting and number 20 years as the Lalas had claimed.
The Compensation Officer appraised the annual yield at Rs.
55292/ companysisting of Rs.
On this basis each of the Lalas claimed a sum of Rs.
On this basis each of the Lalas claimed Rs.
46740/as companypensation in respect of village Chharba.
During the pendency of the appeals the Lalas died and the appellants were brought on record.
The Compensation Officer found that the forest had been felled about 6 to 8 years before vesting and the age of the crop for that reason companyld number be more than 8 years for companypice.
The High Court came to the companyclusion that the Lalas were entitled to income from poola grass as sayar income and thus allowed the appeals of the Lalas in part.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
800/ as the annual yield and determined Rs.
137464/ on the basis of a period of 25 years and thus arrrived at the average annual income of the forest under section 39 1 e of the Act at Rs.
With regard to the companyputation of average annual income on the appraisement of the annual yield of the forest on the date of vesting as companytemplated in section 39 1 e ii of the Act the Compensation Officer held that the representative area was number specified by the Lalas with enumeration or location and the enumeration figures of the Lalas were based on estimated and presumed calculations.
The Compensation Officer disallowed income from poola grass but allowed sayar income of Rs.
50992/ as the forest income for companyputation of average annual income on the basis of the period of 25 years and thus arrived at the annual income of Rs.
With regard to the forest in village Prithipur the Lalas claimed Rs.
The next head of claim was that they did number have accounts of the income of the forest for the previous 20 years but they were able to produce accounts for four years from 1944 up to 1947 and the share of each of the Lalas on the basis of the income derived for the said four years came to Rs.
7955/ .
The High Court allowed the appeals filed by the State and allowed in part the appeals filed by the appellants.
Each of the Lalas held equal one half share in each of the forests in the villages of Chharba and Prithipur in Dehra Dun District.
5106/ as the annual income for a period of 20 agricultural years immediately preceding the date vesting and appraised the annual yield on the date of vesting at Rs.
41 to 46 of 1967.
101 1 14 and odd as companypensation for the forest Prithipur.
5457/ .
23550/ and added the same to the forest income of Rs.
They claimed that sayar income during the 10 agricultural years immediately preceding the date of vesting should be companyputed separately and added to the gross income from the forests.
With regard to village Chharba the Lalas claimed that it was a valuable sal forest companyprising 225 acres.
On 2 May, 1953 the Lalas received the Draft Compensation Assessment Rolls under section 46 1 b of the Act which showed annual companypensation to be paid to the Lalas as nil.
The Lalas thereafter on 20 May, 1953 filed their objections against the draft companypensation roll and claimed companypensation under the provisions of the Act.
5496 8 0.
The appellants have companye up by certificate in these six appeals.
By a numberification dated 1 July, 1952 under the U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter called the Act the entire forest vested in the State of Uttar Pradesh.
Thirdly, the Compensation Officer was in error in number accepting the whole income of the Prithipur forest for the Fasli years 1352, 1356, 1357 and 1358 by holding that the income during those four years had been derived by processing wood and therefore the income was made by activities in the nature of trade and was number forest income.
513 of 1955 etc.
3,40,000.
4300/ as sayar income and Rs.
11000/ as the annual yield on the date of vesting.
The Compensation Officer thus appraised Rs.
The Lalas assessed the worth of the forest at Rs.
