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Nathar Rowther Vs. Secretary of State and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1927Mad816a
AppellantNathar Rowther
RespondentSecretary of State and anr.
Cases ReferredSecretary of State v. Abdul Rahiman
Excerpt:
- judgementwaller, j.1. the appellant took a contract from the forest department. he had to pay the lease amount in four instalments and defaulted on the second, his property was then sold under section 66. forest act. it is now argued that the decision in secretary of state v. abdul rahiman [1912] 24 m. l. j. 426 is in favour of the appellant. i think that the lower appellate court was right in distinguishing that case on the ground that there the contract had been cancelled by government before action was taken under section 66, forest act. i may add with great respect that it seems to me at least arguable further, that the learned judges took too restricted a view of the words 'on account of forest produce.' the appeal fails and is dismissed with costs (two sets).
Judgment:
JUDGEMENT

Waller, J.

1. The appellant took a contract from the Forest Department. He had to pay the lease amount in four instalments and defaulted on the second, His property was then sold under Section 66. Forest Act. It is now argued that the decision in Secretary of State v. Abdul Rahiman [1912] 24 M. L. J. 426 is in favour of the appellant. I think that the lower appellate Court was right in distinguishing that case on the ground that there the contract had been cancelled by Government before action was taken under Section 66, Forest Act. I may add with great respect that it seems to me at least arguable further, that the learned Judges took too restricted a view of the words 'on account of forest produce.' The appeal fails and is dismissed with costs (two sets).


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