H. N. SETH, J. :- The first appeal by defendant State of U.P. is directed against the judgement of the Additional Civil Judge, Nainital dated 30-4-1963 decreeing the suit filed by Sri Mumtaz Hussain Contractor for a sum of Rs. 31,338/-.

2. The plaintiff Mumtaz Hussain filed the suit giving rise to the present appeal in the court of the Civil Judge, Nainital alleging that he had purchased the entire Shisham trees in the area between rivers Dhimri and Baur which are sold to him under an auction sale conducted by the Agricultural Officer, Co-operative Farm, Rudrapur under the Colonization Scheme on 25-5-1952 for a sum of Rs. 7,500/-. In due course he deposited the entire sale consideration and started cutting and felling the Shisham trees and was expecting to complete the work before 30-11-1952. Official the Forest Department, however, illegally and without authority started interfering with the plaintiffs work and finally stopped him from exporting timber and illegally seized all the timber cut by him. He, thereupon made representation to the Colonization Department. But to no effect. Even his prayer for extension of time to complete the work was unreasonably refused by the C