High Court Karnataka High Court

The State Of Karnataka By Its Chief … vs M/S Mysore Plantation Ltd Quard … on 15 September, 2009

Karnataka High Court
The State Of Karnataka By Its Chief … vs M/S Mysore Plantation Ltd Quard … on 15 September, 2009
Author: K.L.Manjunath & B.V.Nagarathna
IN THE HIGH COURT OF KARNATAKA AT BARGRLQRE

DATED THIS THE 15"'nAx or sEPTEMRER}jRfia§gv

PRESERT

THE HON'BLE MR.JUsTTcEyR}L}MAxJURRTRxyE
THE HON'BLE Ms;JU$TIcE_R.v.RRGRRATHNA

R.F.A.NoTi0b3.oE'2ob15
BETWEEN

1 THE STATE QRuKARNmjaKé"1R?R"
BY IT3_€HIEF SEERETARX 3

BAN$AL§RE.,} .

2V THE BERfiT¥'céEsERvAToR
',oE FOREST W,2__
RoRPA'n:v:sToN'
KoRPA._; 'V
'T APPEkLANTS

R=,w(3§Rs;i,: M B PRABHAKAR,GOVT.ADV.FOR
"_AEPELLAflTS")

 .#ND,: 

1 jM/S MYSORE PLANTATION LTD
"=QUARn HITLOW
KOPPA 577 126
COMPANY REGD UNDER THE INDIAN
COMPANIES ACT
REP BY A PERIYA KARUPPAN
s/o S.P.R. ADIKKAPPA CHETTIAR
50 YRS
MANGER, P.A HOLDER
RESPONDENT

Pd

(By Sri : VYASA RAO K S FOR RESPONDENT )

THIS RFA FILED 17/8 96 0F cpc AGAINST THE
JUDGMENT AND DECREE DATED 20/0’7/2001 PASSED IN
os NO.24/94 on THE FILE OF THE cIvIL”‘—-.>JUDGE
(SR.DN.) & cum, CHIKMAGALUR, PARTLY _DE_C-REEING
THE SUIT FOR RECOVERY OF THE AMOUIsI.’_Ij’ .A1’~:D_. F99.
INJUNCTION FROM TAKING COERCIVE STEDS.” *’

THIS APPEAL COMING _oN__ FoI<""HE§ARiNG'. TF.Is»_

DAY, MANJUNATI-I J, DELIVERED 'TE-IE".FOLI;§)E€'I1§IG'iVVV I
JU1BG1V£E1N'I'—- A — ..

The appellants were defendants in e.S.NO.

24/V9’4t”‘F’ emf}; the £’iIé of”‘C:itvil Judge, (Sr . Dn. ) ,
Chi5kfiagélnrt}VtTdflfihe respondent was the
plaintfiilffv; TA1′;eV”*suit was instituted by the

resgondenttplaintiff to direct the defendants

“-“sum of Rs.2,94,4’79/—- together with

“Anterest’: at 15% p.a. from 8.2.1992 on

Rs;I,’:.64,27o/- and from 23.7.1992 on the

xx_halance amount of Rs.1,30,209/- and to

E restrain the defendants from taking any

coercive steps to recover a sum of

Rs.2,89,162/- as per the demand of 2″‘

<9"

defendant dt.5.2.1993 and 21.4.1993. The suit
filed by the plaintiff came to be decreed by

the Judgement and decree of the trial court

dt.2Um July 2001. Challenging the $fidgaent_

and. decree of the trial mcourt,.gthe_:presentf x

appeal is filed.

2. For the sake fiofx convéniencéi the
parties would .het referred ,to «as'”per their
status before the ¢onrt7helon3ij

3,–vi°3heR ” plaintiff is a company

incorporatedirundery the provisions of the

Conpanies~_hct.’ The plaintiff company is

A*,havingrfaa coffee estate in Chikmangalur

i”_t§istrict;” contending that excess shade trees

‘in”its coffee plantation are required to be

” cleared in the interest of the plantation, the

dplaintiff approached the authorities to seek

permission to fell the excess shade trees. The
permission was granted for felling of 750

marked and selected timber trees.

3’,

Accordingly, 750 trees were felled by the
plaintiff. At the time of transportation, the
defendants demanded the plaintiff to pay the

value of the reserved trees.

4. It is not in W’dispnted”ithat{; theslf

defendants identified abont #4 reserved trees.

The plaintiff in order to transport the trees

felled by it executed the Indemnity bond in

favour of the ‘defendants dstating that the

valne_–offWthe<pMalki fwould be paid to the
Governeent and thereafter a demand was made by

the zdefendantsl Based on the demand, a

".portionfof the demanded amount was paid by the

"_"plainfiiffff The remaining amount was not paid.

Hewever} steps were taken to recover the

"*balance amount of Rs.2,94,479/m the suit was

Reiinstituted by the plaintiff on the ground that

the trees felled by it were not reserved trees
and it belongs to the plaintiff and that the

Indemnity bond was executed under the threat

&,

as the felling permission was urgentiv needed

by it. In the circumstances, the.suit–nes_

filed for refund of the Hamnnnt;<neidL'hyxtitf.x

towards the portion of the reserved trees and

for perpetual injunction to Frestrain the
defendants from taking any coercive steps to
recover the balance demanded amount.

5. ;’=1″1′:e_:’.”de_fendént§’.jf–fiied the written

the plaintiffais not maintainable. According
to -the “p.:iei”nt’i”££ is liable to pay the

vaiue of the timber worth Rs.5,83,64l/– as the

A’nfi1aintiff has removed the reserved trees and

f.”thatnthe;§iaintiff on its own has executed an

indemnity bond and a portion of the amount was

“Iaiso paid contending that the Government being

ltithe owner of the reserved trees, he is

entitled to claim the value of the Malki. In
the circumstances, the defendants requested

the Court to dismiss the suit.

<V

6. Based on the above p1eadings;_ the

following issues were framed:

1.

“liablés to

Does plaintiff proves thatV all dtreesflu
including 750 marked and felled trees from *
the schedule land and felled as per the?

permission of 2″‘Q defendant’ ‘H;fi:Q.,
exclusivelY belonged to it? ” = =’~ V

Do defendants prove*.thatq reserved” trees
from out of 750 marked and felled trees
from the schedule land are trees belonging

to Government? _–

Does plaintiff*proves_that on 7.2.92 under
pressure defendant obtained Indemnity Bond
from’hifi to pay malhi value fined by them
or defendant 30.2 and the said Indemnity

‘BondVis’unjnst?f;

._ Do udefendantsl prove that plaintiff is

_ liable, to pay total malki value of
“‘gRSn5:33}541/n?

lfloes plaintiff proves that defendants are

_ V_ refund the malki value of
Rs;$;94,479/~ called from him together

%with interest at the rate of 15% per annum
“_from the respective dates of payments?

Does plaintiff proves that suit notice to
defendants is legal and valid?

What Order or decree?

,3,/’

7. In order to prove their respective
contentions, the Power of Attorney Holder of

the plaintiff has been examined as aw; and he

relied upon Ex.Pl to P20. On behalf of theft

defendants, one Channappa was examined as pwl.

The defendants relied_uponfiEx.D1 to 911; ,¢fie_

trial court, considering the euidence let in
by the parties fheld ,issue”gNo.1 and 6 in
affirmative, issue Nos!Z_to dfin negative and

issue — jE¢nSW 7 partly in affirmative.
Accordingly, “the?Vsuit of the plaintiff has

beenr decreed directing the defendants to

.A Wrefuind.,a’«–..sum of Rs.2,94,4’79/- with interest at

lhfE%«”per_flannum and further restrained the

defendants from recovering the balance amount.

‘*Thiss Judgment and decree are called in

27-guestion in this appeal.

8. We have heard the learned counsel for

both the parties.

\<'/

9. The main contention of the learned
Government Advocate Mr. Prabhakar is that the

trial court has comitted a serious error in

considering that the 750 trees felled hy thefp

plaintiff were exclusively helonq to it germ’

though the amount demanded hy the _defendants

was in respect of gthe reserved trees.
According to hinf the learned Judge did not
consider the nature_ of ~tr§éég felled. by ‘the

plaintiff and did not make any effort to find
out the difference hetween the reserved trees

and utreesaphelong to the plaintiff. On

. Racconnt of the error committed by the trial

‘_ court tin “not distinguishing the nature of

timber”f and the amount claimed by the

“*defendants, the suit of the plaintiff has been

Z7!vrong1y decreed. He further contends that the

trial court has failed to see that when the
plaintiff on its own has executed an Indemnity

bond and has paid a portion of the value of

(V…

the timber demanded by the defendants, it had

no authority to grant a decree.

contends if really the plaintiff [was –$¢£;a

liable to Pay the value of theatimher, there?

was no necessity for the plaintiff_to’execute

an Indemnity bond and flaking part paynent of
it and two years later to institute a suit to
restrain the defendants’ iron _recovering the

balance amount and to refund the amount paid

by the plaintiffxyeluntarily having understood

the nature of trees fell by the plaintiff.

3,103. The ” learned counsel for the

iyrespondéntfplaintiff contends that in view of

A$x.DlrlBEhe reserved trees means only the

la sandal wood knees and

Vgiflktlif
‘ %”i%:gf trees and all

é/’

‘ the remaining trees were exclusive properties

riof the plaintiff. Therefore, he contends that

the trial court is justified in decreeing the

suit .

plaintiff are unreserved trees then the
plaintiff need not pay the market value of the

timber as it is not the case of the_§overnnent

that the unreserved trees were grown S§*£hé;

Government in respect of the plantationf fof7

the plaintiff in question I f p__ y
by. ‘a_”»£aJy4%

14. Admittedly, yflthe_ peantation in

question has been oranted by”the Government in

the:’iVyear…:sv1_89dlf”andp:’thereafter in the year 1943
the plaintiffefionpany has purchased it under

registered sale deed from its previous owner.

‘f*- fiherefcge, Hthé” short question is that what

felled by the plaintiff and

Awhether it falls under the reserved trees or

in not,_3

15. As could. be seen from Ex.P11, the
list of trees and the value thereon has been
mentioned by the Deputy Conservator of Forest,

Koppa Division. As could be seen from Ex.P11,

<°v"

these trees are Honne, Nandi and Surae Honne.
Therefore, the question is whether irthese

trees are reserved teas or unreserved trees.

There was no difficulty for the trig; fiburt to”Q

look into the definition clause Q§tSfibws§ction’

(15) of Section–2 of the KarnatakaW#orest Acts
1963 which enumerates the nature of reserved
trees. As Vcotldflii$é;_nseen Hrrom thedbe
definitionf%/thelreserred Egeéscflaimed by the

defendant falls finder the definition clause.
If they are the reserved trees, then it is for

*plaintiV::EVf to establish how it is not

r”liahle,to pay the value of the timber felled

iVfsq«£ss;ssjit relates to Randi, Matti and Sura

Honne are concerned. Since this point was not

” considered as the trial court proceeded on the

nioround based on Nandi, Honne and Sura Honne as

i not reserved trees. The trial court has

proceeded to decree the suit. Since the

crucial point has not been considered, we are

8’/..

show that the value claimed by thejdefendefits

was in respect of the reserved Atrees _¢:}y

unreserved trees relying uyon the definitedn

of the reserved trees udder the gKernataka>

Forest Act 1963. In the circumstshces} parties

to bear the costs:7_i