JUDGMENT :- The defendants - the State of Orissa and the District Forest Officer, Berhampur Division are in appeal against a confirming judgment of the learned Additional Subordinate Judge, Berhampur.

2. The plaintiff instituted the suit for directing defendants 1 and 2 to allow him to work as a lessee in certain forest areas as detailed for a period of nine months more. Alternately he claimed relief of damages. The ex-intermediary of Mandasa, defendant No. 3, was admittedly the owner of the disputed forest till under the Orissa Estates Abolition Act the forest areas vested in the State. Before vesting defendant No. 3 had entered into an agreement with the plaintiff as a result of which the disputed forest was leased out to the plaintiff for a period of 18 months beginning from 1-12-1961 for the collection of timber, bamboo and other minor forest products.

Timber transit permits are necessary for working out the forest by a lessee and such permits are to be issued by the State Government and its officers. As per the agreement defendant No. 8 was to obtain necessary timber transit permits from the Government and make them over to the plaintiff as lessee. There was a litigation going o