JUDGMENT

ORDER:— Pursuant to an agreement between the parties and a further allotment, trees of the species described in the agreements comprising 3000 cubic meters of softwood in all were permitted to be cut and removed by the respondent. The rate for the payment of the wood was fixed by the agreement. It has been found by the High Court that the respondent felled trees of the species described and the total amount of wood collected from the trees felled was not in excess of 3000 cubic meters, although the felling was done from areas other than those specified in the agreement as there was a mistake in the fixing of the areas from which the trees could be cut. The High Court has further found these trees were felled by the respondent with the full knowledge and consent of the concerned Forest Officers. Because of certain proceedings the wood was not allowed to be removed by the respondent for some time and was stored in the godowns of the appellants. By the impugned judgment the Karnataka High Court held that the respondent was entitled to remove this wood at the rate agreed upon between the parties under the said agreement.

2. Learned counsel for the appellants submits that under