Judgment

RAY, J:- These six appeals are by certificate from the judgment dated 1-9-1965 of the High Court at Allahabad. Lala Triloki Nath and Lala Digambar Prasad filed four appeals and the State two in the High Court against the order dated 6 September 1955 of the Compensation Officer. During the pendency of the appeals the Lalas died and the appellants were brought on record. The High Court allowed the appeals filed by the State and allowed in part the appeals filed by the appellants. The appellants have come up by certificate in these six appeals.

2. Each of the Lalas held equal one half share in each of the forests in the villages of Chharba and Prithipur in Dehradun District. By a notification dated 1 July, 1952 under U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the Act) the entire forest vested in the State of Uttar Pradesh.

3. On 2 May, 1953 the Lalas received the Draft Compensation Assessment Rolls under Section 46 (1) (b) of the Act, which showed annual compensation to be paid to the Lalas as nil.

4. The Lalas thereafter on 20 May, 1953 filed their objections against the draft compensation roll and claimed compensation under the provisions of the Act.

5. With regard to village Chharba the Lalas claimed that it was a valuable sal forest comprising 225 acres. The Lalas assessed the worth of the forest at Rs. 3,40,000/- They claimed that sayar income during the 10 agricultural years immediately preceding the date of vesting should be computed separately and added to the gross income form the forests. They further claimed that income by selling poola grass was to be within sayar income. The next head of claim was that they did not have accounts of the income to the forest for the previous 20 years but they were able to produce accounts for four years form 1944 up to 1947 and the share of each of the Lalas on the basis of the income derived for the said four years came to Rs. 1274-12-0 and on the basis of the appraisement of the annual yield on the date of vesting it came to Rs. 5457/-. On this basis each of the Lalas claimed Rs. 46740/- as compensation in respect of village Chharba.

6. With regard to the Prithipur forest the Lalas claimed that they had worked the forest during the years 1945 to 1952 and that the average annual income of each of their share from the Prithipur forest on the basis of 20 agricultural years immediately preceding the date of vesting came to Rs. 5106/-. The Lalas stated that on the basis of appraisement of the annual yield on the date of vesting of the forest Prithipur the share of each came to Rs. 7955/-. On this basis each of the Lalas claimed a sum of Rs. 101114 and odd as compensation for the forest Prithipur.

7. The Compensation Officer decided that the income from the poola grass was not sayar income but forest income and disallowed income from poola grass in entirety. The Compensation Officer however allowed some sayar in each forest and decided that the average annual income of the forest under section 39 (1) (e) of the Act should be calculated on the basis of the period of 25 years immediately preceding the date of vesting and not 20 years as the Lalas had claimed. With regard to the forest in village Chharba the Compensation Officer arrived at the figure of Rs. 55,292/- consisting of Rs. 4,300/- as sayar income and Rs. 50,992/- as the forest income for computation of average annual income on the basis of the period of 25 years and thus arrived at the average annual income of Rs. 2211-8-0 under S. 39 (1) (e) (i) of the Act. With regard to the computation of average annual income on the appraisement of the annual yield of the forest on the date of vesting as contemplated in section 39 (1) (e) (ii) of the Act the Compensation Officer held that the representative area was not specified by the Lalas with enumeration or location and the enumeration figures of the Lalas were based on estimated and presumed calculations.

8. The Lalas appraised Rupees 1,100/- as the annual yi