64,971/79/7 more than the one shown as due to him in the draft Roll.
The intermediary claimed Rs.
2478 2479/68 From the Judgment and Decree Order dated 9 12 1973 of the Allahabad High Court in First Appeal No.
N. Dikshit, M. V. Goswami and O. P. Rana for the Respondent in C. A. 2478/68 for the Respondent in C. A. 2478/68.
The High Court further held on an interpretation of clause e of Section 39 1 , that the Compensation Officer was bound to appraise the annual yield of the forests on the date of vesting under sub clause ii of Section 39 1 c and take such yield also into companysideration.
S. Desai, K. J. John and A. K. Mrs. Verma for the Appellants in C.A. 2479/68 and Respondents in C.A. 2479/68.
Purporting to act under Section 39 1 e i of the Act, tile Compensation Officer held that the sale proceeds of the forests in the area of village Sorna during 35 years immediately preceding the date of vesting, aggregated to Rs.
6,13,334/8/3 after deducting Rs.
and appellant in C.A. No.
2479/68.
lie divided this figure by 35 and took the resultant figure, i.e. Rs.
Relying mainly on the evidence of Shri D. D. Chopra a retired Divisional Forest Officer examined by the intermediary , the High Court found that the yield of the forest, appraised under clause of Section 39 1 e of the Act, would be Rs.
The High Court also accepted the evidence of Chaudhri Babu Singh, Forest Contractor, which was to the effect that for the year ending March 1953, the sale of one companype of this forest by the Forest Department of the State, fetched Rs.
22,000/relating to the income from the forests in village Dhalani .
Babu Singh testified that be had purchased one companype of the forest in Village Sorna for Rs.
With these findings, the Compensation Officer disposed of the objections of the intermediary by his order, dated October 28, 1955.
There are huge tracts of forests in the area of these villages.
On the issue of a numberification under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 for short the Act , all rights and interests of the intermediary, including the forests in villages Dhalani and Sorna, vested in the State of U.P. with effect from the date of vesting, i.e. July 1, 1952.
13,471/11/6 over and above the one shown as due to him in the draft Compensation Roll.
The Judgment of the Court was delivered by SARKARIA, J. These two cross appeals on certificate arise out of a judgment, dated December 9, 1963, of the High Court of Judicature at Allahabad.
A draft Compensation Roll purporting to be under Section 40 of the Act was prepared in respect of the intermediarys interests hi the said Villages, and served upon the intermediary who thereupon, filed two objections against the Roll.
CIVIL, APPELLATE JURISDICTION Civil Appeal Nos.
The appellants in Civil Appeal 2478 of 1968 are the heirs and legal representatives of Shri R. B. Jodha Mal Kuthiala, who was an intermediary landlord in the State of Uttar Pradesh and possessed two villages, Dhalani and Sorna.
503 of 1955.
The State also filed cross objections.
Against this order of the Compensation Officer, which under the Act amounts to a Decree, to aggrieved intermediary preferred an appeal to the High Court.
30,666/11/3.
6,13,334/8/3 that had been worked out by the Compensation Officer in respect of the income from sales of forests in Village Sorna, by 20, and arrived at the figure Rs.
Secondly, he did number give any reason for taking the period of 35 years under subclause i of Section 39 1 e as the measure for calculating the annual average income from the forests.
The High Court in the instant case, while determining the yield under sub clause ii has relied upon the evidence of Mr. Chopra, a retired Forest Officer, who took all the relevant factors into companysideration.
The High Court held that the Compensation Officer in preparing the Compensation Roll had companymitted two errors Firstly, he companypletely excluded from companysideration the provisions of sub clause ii of clause e of Section 39 1 and did number either appraise the annual yield of the forests or take the same into companysideration.
Babu Singh was a forest companytractor.
