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1969 Supreme(Mad) 212

M.NATESAN
T. Linga Gowder – Appellant
Versus
State of Madras, represented by the District Forest Officer Ootacamund – Respondent


Advocates:
A.K. Sreeraman and A.S. Kailasam, for Appellant.
The Additional Government Pleader, for Respondents 1 and 2.

The Court delivered the following the defaulting bidder will not be permitted to bid at the resale. Condition 30 relating to the confirmation of the sale is important. The sale is subject to confirmation by the District Forest Officer or the Conservator of Forests, Coimbatore Circle as the case may be, who reserve to themselves the right to accept or reject the bid without assigning any reasons therefor. Under condition 32, all the money due by the successful bidder or contractor, as the case may be, under the terms of the sale notice or the agreement executed by him shall, ‘if not paid by him be recoverable from him under section 66 of the Madras Forest Act (V of 1882) as amended by Forest Act (I of 1934) by the attachment and sale of his property under Madras Act II of 1864 and any statutory modification thereof.

Admittedly, the auction sale in this case was held by the District Forest Officer the 2nd defendant in the case. On the 19th of January, 1959, before the receipt of any order from the District Forest Officer confirming the sale of the leasehold right the plaintiff, complaining that he had received no information in the matter and that the cultivation season had also passe
























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