Judgment

SIKRI, J. :- This appeal by special leave is directed against the judgment and decree of the Madhya Pradesh High Court allowing the appeal of the State of Madhya Pradesh and dismissing the suit brought by the appellant, Badri Prasad - hereinafter referred to as the plaintiff.

2. The relevant facts for determining the points raised before us are these. On December 27, 1950, a contract was entered into between Kumar Bharat Shah, minor, though his guardian, and the plaintiff, in respect of forests in Mouza Sunderpani Jagir. The terms were reduced to writing and an agreement was signed on January 21, 1951. It is necessary to reproduce the agreement in extenso as it would be necessary to interpret it carefully.

"Deed of agreement executed by Shri Kumar Bharat Shah minor, guardian Shrimati Rani Umarkuar Sahiba, Jagirdar of Mouza Sunderpani.

Conditions of contract, area, forest, Mouza Sunderpani.

1. Out of the area of 1704.46 acres of Mouza Sunderpani Jagir contract of all the teak trees of more than 12 inches girth standing in the 1000 acres of the forest of big trees and excluding those teak trees which have girth upon 12 inches is given to contractor Badri Prasad Moolchand firm of