A. R. BAKSHI, V. R. SHAH, J.

( 1 ) THESE appeals relate to certain contracts regarding exploiting of certain kinds of trees and most of the material points which arise in these appeals are common. It would therefore be convenient to dispose of these appeals by one judgment though we shall deal with the facts and questions involved in each appeal separately. Letters Patent Appeal No. 12 of 1966.

( 2 ) THE appellant in this Letters Patent Appeal Vora Ibrahim Akbarali was the respondent in Second Appeal No. 756 of 1960 in the High Court of Gujarat and was the original plaintiff in Civil Suit No. 308 of 1957 in the Court of the Joint Civil Judge Senior Division at Baroda. The respondents are the State of Gujarat and the Chief Conservator of Forest who were the defendants in the suit. The original plaintiff had filed the suit on the basis of a contract with one Ranjitsinhji Gemalsinhji who was the occupant of certain lands covered by 104 survey numbers and situated on the out-skirts of Ronvad village and his case was that by a sale-deed dated June 23 1954 Ranjitsinhji had sold the Mahura and other miscellaneous trees standing on those survey numbers to the plaintiff. It was the case of t

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