SAHGAL, J. : This is a defendant's appeal against whom a suit for a sum of Rs. 11,000/- by way of compensation for use and occupation has been decreed by the Civil Judge of Kheri. A decree for a sum of Rs. 1,000/- has also been passed against the appellant for special costs under Sec. 35-A of the Code of Civil Procedure.

2. The dispute relates to a piece of land 200' x 200' situated in Chandan Chowki, Sonaripor Range in the North Kheri Forest Division. The State of U.P., respondent No. 1, s the proprietor of the reserved forest wherein the land lies. The defendant-appellant erected a paddy husking mill in that land for which purpose he had taken it. The land was originally taken for a sum of Rs. 100/- as rent for one year from the 1st of March, 1947. A document was executed for the purpose, copy of which is Ext. 3 at page 39 of our paper book. A subsequent lease for the same sum of Rs. 100/- was executed on the 10th of June, 1948 for one year beginning the 10th on March, 1948. This document is Ext. 4 and is at page 42 of our paper book. Thereafter though the defendant continued to remain in possession of the land, it took sometime before the terms were actually settled. The