Judgement

MOHAPATRA, J. :- This First Appeal has been filed by the State of Orissa against the judgment and decree dated 4th March, L953 of Sri K.C. Mohapatra, First Additional Subordinate Judge of Cuttack, arising out of a suit brought by the original plaintiff Khan Saheb Md. Khan for recovery of damages of Rs. 2,09,500/-on the following allegations :

On 25th August, 1946 two Forest contracts were transacted between the parties, that is, the plaintiff and the Government of Orissa - one executed by the Secretary to the Government for a consideration of Rs. 40,588/- and the other signed by the Divisional Forest Officer, Angul Forest Division, and the Deputy Commissioner of Angul on behalf of the Governor of Orissa for a consideration of Rs. 40,587/-, on the basis of which the Government of Orissa granted to the plaintiff exclusive monopoly rights to pluck, remove and appropriate for sale for profits in due course of trade the entire Kendu leaf crop of all the Government reserved forests, demarcated protected forests and undemarcated protected forests under the control of the Forest Department and all undemarcated protected forests under the control of the Civil Department. Exhibit C i