JUDGMENT :

Chander Bhusan Barowalia, J.

By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned District Judge, Shimla, District Shimla, in Civil Appeal No.111-S/13 of 2005, dated 01.01.2008, vide which, the learned lower Appellate Court, has affirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Theog, District Shimla, in Civil Suit No.156-1 of 1997, dated 1.9.2005.

2. Material facts necessary for adjudication of this Regular Second Appeal are that respondent/plaintiff (hereinafter referred to as 'plaintiff') maintained a suit for recovery of Rs.1,16,252/- alongwith cost of the suit and interest at the rate of 18% per annum against the appellant/defendant (hereinafter referred to as 'defendant No.1') alleging that Anant Ram Negi, is owner of saw-mill being run in the name and style of Himalaya Industry at Village Halaila duly registered with Department of Industries and H.P. Forest Department. It is averred that in the year 1987, plaintiff was allotted 48 trees of Rai and Fir species volume of which comes to 112.80 cubic meter. After payment of Rs.34,517, Range Forest Officer, Balson (Deha) issued Permit No