Ram Chandar Vs. Jagan Nath and anr. - Court Judgment
|Court||Himachal Pradesh High Court|
|Case Number||Civil Appeal No. R.S.A. 13 of 1954|
|Judge|| Ramabhadran, J.C.|
|Acts||Contract Act, 1872 - Sections 23 and 43; ;Forest Act; ;Code of Civil Procedure (CPC) , 1908 - Section 35|
|Respondent||Jagan Nath and anr.|
|Appellant Advocate|| Lakshmi Chand and; L.D. Varma, Advs.|
|Respondent Advocate|| K.C. Nayar and; Paras Ram, Advs.|
.....decision has been challenged by both the parties. ram chandar, has come up in 2nd appeal, while cross-objections have been preferred by jagan nath. ram chandar's prayer is, that the suit should be dismissed in toto, while jagan nath prays, that the suit should be decreed in toto.
6. arguments of the learned counsel for the parties were heard at length, at nahan, on the 4th and 5th instant. for reasons to be stated shortly, i am of the opinion, that the plaintiff must be non-suited.
7. i shall refer to the arguments advanced by learned counsel seriatim.
8. in the first place, mr. l.d. verma for ram chandar, urged vehemently, that the agreement dated 15-9-49 (ex. f2) between the parties was opposed to the rules laid down by the forest department, which did not permit the transfer of the.....order16. i allow this second appeal(r.s.a. 13/54), set aside the decision of thelearned district judge, sirmur, dated 31-12-53,in civil appeal no. 8 s./13 of 1953 and dismissthe suit. parties will bear their respective costshere and in the courts below. the cross-objections, filed by jagan nath, in this court failaccordingly and are dismissed.
16. I allow this second appeal(R.S.A. 13/54), set aside the decision of thelearned District Judge, Sirmur, dated 31-12-53,in Civil Appeal No. 8 S./13 of 1953 and dismissthe suit. Parties will bear their respective costshere and in the Courts below. The cross-objections, filed by Jagan Nath, in this Court failaccordingly and are dismissed.