1. This judgment will govern the disposal of Civil Mis.appeal No. 90 of 1981 and Civil Misc. Petition No. 152 of 1982. moved on behalf of the State of Jammu Kashmir for being impleaded as a party-respondent to the aforesaid appeal,

2. The appeal has a chequred history. The appellant, Hardatt Sharma, in a suit brought by him on 22-10-1979, obtained a consent decree on 27-10-1979, i.e. only five days thereafter, from the court of Sub Judge(C. J. M.), Jammu, against respondents,1 to 3, namely, Messrs Jaikishen and Shamlal and Sons, a partnership firm and its two partners Jai Kishen and Sham Lal. The decree was to the effect that all the timber in compartments Nos. 16 and 18A in Batote range of Ramban Forest Division, whether standing, felled or sawn, including saw bands, installed therein, were his exclusive property and that respondents 1 to 3 could not transfer, or agree to transfer the aforesaid property to any person, nor could they remove the same from there and nor could they operate the aforesaid forest compartments. Execution of this decree was taken out by him against the aforesaid three respondents in the court of Sub Judge (C. J. M.)Jammu the court that had passed the decre

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