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1998 Supreme(Gau) 309

A.K.PATNAIK
State of Tripura and another – Appellant
Versus
Md. Sayefuddin – Respondent


Advocates Appeared:
S. Roy, Govt. Advocate, D. K. Biswas

Judgement

This is an appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 2-9-97 of the learned District Judge, North Tripura, Kailasahar in Title Appeal No. 11 of 1996.

2. The facts briefly are that the respondent filed Title Suit No. 20 of 1994 against the appellants in the Court of Assistant District Judge, North Tripura, Kailasahar. The case of the respondent in the said suit was that he set up a saw mill under the name and style of "Srinathpur Saw Mill" at Srinathpur in Kailasahar in the district of North Tripura in the year 1984 with the loan of Rs. 25,000/- from the State Bank of India, Kailasahar Branch. The Industry Department of Government of Tripura initially registered the aforesaid saw mill of the respondent as a small scale industrial unit and sanctioned a subsidy of Rs. 8,437.25. The saw mill started functioning and had a decent income. In 1985, however, the Tripura Forest (Establishment and Regulations of Saw Mills and Other Wood-based Industries) Rules, (for short "the 1985 Rules") were made by the Government of Tripura under Section 51-A of the Indian Forest Act, 1927. Rule 3(2)(a) of the 1985 Rules provided that all persons























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