1.........

(i) Is the State absolved from the liability to compensate persons whose properties are lost, in the attack by wild animals coming out from the forest?

(ii) Is not the doctrine of strict liability applicable to cases wherein properties have been lost to persons in the attack of wild animals?

2. The respondent herein as plaintiff had approached the Munsiff's Court, Ranni through O.S. No. 187 of 2003 seeking damages of Rs. 90,000/- on account of loss sustained to his properties in the attack of wild animals. The property of the plaintiff is abutting the reserve forest. In the absence of any fencing to the forest, wild animals like wild elephants, deer etc. used to come out from the forest to have frequent visits to the property of the plaintiff, mostly in odd hours. The plaintiff had planted the property with high yielding species of rubber trees and also arecanuts. All the arecanut trees except one were broken/uprooted by the elephants. 40 rubber trees were severely attacked by the elephants and deer and its entire bark were removed thereby making it impossible for the plaintiff to tap the said rubber trees for extracting latex. He had caused to issue a demand noti