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2007 Supreme(SC) 1639

ARIJIT PASAYAT, P.SATHASIVAM
GOVERNMENT OF KARNATAKA – Appellant
Versus
SMT. GOWRAMMA – Respondent


ARIJIT PASAYAT, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) CHALLENGE in this appeal is to the judgment of a learned single Judge of the Karnataka High Court allowing the appeal filed by the respondents.

( 3 ) PLAINTIFFS, who are the respondents in the present appeal filed a Suit for recovery of a sum of Rs. 1,47,965. 20 on the ground that being owners of the Trees which were transported to the Government godown on the basis of the permission granted by the present appellants, the value of the Trees has to be paid by the government.

( 4 ) THE case of the plaintiff, as culled out from the averments in the plaint is that they are the owners of the suit schedule property. The plaintiffs and their predecessor had drown silver wood, jungle wood and other varieties of trees in the schedule land by spending lot of money and had cultivated the said land with coffee crop. In order to regulate the shade in the schedule property and also for cutting and felling of silver wood, jungle wood and other trees, the plaintiffs had applied for permission for cutting and felling of the silver wood, jungle wood and other trees. Before granting the felling permission of the said trees, a j















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