( 1 ) THIS appeal has been filed by the State Government against the respondent Singhai Kapoorchand challenging the decree passed by the 1st Civil Judge, Seoni, in Civil Suit No. 6-B of 1954.

( 2 ) SHRI E. B. Reinboth, Sub-Divisional Officer, Seoni, was impleaded as defendant No. 2 in the suit. The claim has been decreed against him also; but no appeal has been filed on his behalf, nor has he been impleaded by the State Government as a respondent in this appeal.

( 3 ) THE facts in the case are not in dispute. Respondent Singhai Kapoorchand was the lambardar of Patti No. 2 in Mouza Mohgaon in Seoni Tahsil till 31-31951' when the proprietary rights vested in the State under the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1 of 1951 ). There was forest growth on the lands belonging to the respondent. A report was made against him in the year 1949 alleging that the trees were being cut in contravention of the rules framed under Section 202 of the C. P. Land Revenue Act, 1917. Shri Reinboth, who was the Sub-Divisional Officer, Seoni, at that time and who was defendant No. 2 inthe present case, passed the order (Ex. P-3)