The plaintiffs and their predecessor had drown silver wood, jungle wood and other varieties of trees in the schedule land by spending lot of money and had cultivated the said land with companyfee crop.
Thereafter, the second defendant granted permission for felling of the trees situated in the schedule properties.
Therefore, the claim was made that the plaintiffs are entitled to the value of the Timber Rs.125/ per CFT and At Rs.150/ per CFT at the prevailing rates.
While issuing the transport permit to the plaintiffs, the second defendant had directed issuance of transport permit for a portion of the trees and ordered to transfer 1050 CFT of timber valued at Rs.1,31,250/ to an earmarked forest depot.
Before granting the felling permission of the said trees, a joint survey was carried out by the forest authorities as well as the revenue surveyors.
In terms of the permission, the plaintiffs cut and felled the trees.
Defendants took the stand that the permission was companyditional and there was never any challenge to the companyditional permission granted.
For granting relief to the plaintiffs, i.e. the present respondents, reliance was placed on certain judgments of the High Court where it was held that in respect of reserved trees, the ownership was number with the Government but was with the owner of the land.
Accordingly, as numbered above, the appeal was allowed.
It is also number disputed that PW l, who was examined in support of the plaintiffss case, accepted that the trees in question were reserved trees.
After having accepted the permission with the companyditions stipulated, it was number open to the plaintiffs to lay a claim for the value of the trees.
The case of the plaintiff, as culled out from the averments in the plaint is that they are the owners of the suit schedule property.
The firewood of 22 1/2 meters valued at Rs.10,000/ was also transported to the same depot.
In order to regulate the shade in the schedule property and also for cutting and felling of silver wood, jungle wood and other trees, the plaintiffs had applied for permission for cutting and felling of the silver wood, jungle wood and other trees.
What is the effect of this admission, was number examined by the High Court.Plaintiffs, who are the respondents in the present appeal filed a Suit for recovery of a sum of Rs.1,47,965.20 on the ground that being owners of the Trees which were transported to the Government godown on the basis of the permission granted by the present appellants, the value of the Trees has to be paid by the government.
It is an admitted position that the permission was granted with companyditions.
Challenge in this appeal is to the judgment of a learned Single Judge of the Karnataka High Court allowing the appeal filed by the respondents.
Dr. ARIJIT PASAYAT, J. Heard learned companynsel for the parties.
