This Second Appeal under Section 100 of Code of Civil

Procedure has been filed against the judgment and decree dated

22.02.2020 passed by Additional Judge to the Court of First Additional

District Judge, Waraseoni, District Balaghat (M.P.) in Regular Civil

Appeal No.404A/2015 arising out of judgment and decree dated

30.09.2015 passed by First Civil Judge, Class-I, Waraseoni, District

Balaghat in Civil Suit No.59-A/2013.

2.

The appellant is the defendant.

3.

The plaintiffs filed a suit for recovery of damages caused due to

illegal cutting of trees as well as for permanent injunction. It is the case

of the plaintiffs that Dalja is the forefather of the plaintiffs. He had

Khasra No.33/1 area 1.198 hectares situated in village Lalpur, Tahsil

Waraseoni, District Balaghat.

The family tree is as under:

4 S.A. No.1551/2020

nYtk

dk:

uk:

rstjke

Hkstu

dUgS;k

5.

It is the case of the plaintiffs that Tejram, who represents the

family of Karu has alienated a part of Khasra No.33 to Ramdas and the

remaining land belongs to the plaintiffs. The plaintiffs had planted trees

and were taking care of the same. About 4-5 months back, the

defendants No.4 and 5 insisted for demarcation and accordingly, the

plaintiffs filed an application before the Court of Tahsildar, Waraseoni.

Information of demarcation was given to the defendant No.3. On

25.02.2013, the other defendants, on the instructions of defendants No.2

to 5, started cutting trees, which were standing on the disputed land. The

plaintiffs tried to stop them but the defendants No.4 and 5 assured that

till the demarcation is done, the cut wood/trees would be kept in a safe

custody. On 12.03.2013, the Revenue Inspector and Patwari carried out

the demarcation in the presence of the defendant No.5 and the Forest

Guard. The defendant No.5 signed the Demarcation Panchnama with an

endorsement that he does not agree with the same. Accordingly, the

plaintiffs sent a notice under Section 80 of CPC. It was found by the

plaintiffs that 34 trees of Saja, 5 trees of Dhawda, 93 trees of Sinhana

and 50 trolleys of wood total worth Rs.1 Lakh have been illegally cut by

the defendants No.2 to 5 and accordingly, the suit was filed for

recovery of Rs.1,00,000/-

5 S.A. No.1551/2020

The defendants No.1 to 5 filed their written statement and claimed

that they have not cut the trees, which were standing on Khasra No.33/1.

It was the case of the defendants that the plaintiffs themselves have cut

the trees. It was pleaded that by notification dated 30.01.1979, Khasra

No.1 to 10, 14 to 16, 22, 25, 37, 38 to 49, 70/179 total area 560.56

hectares was declared as forest land. After the notification, the

demarcation of the said land was carried out and the plantation was done

in the year 2008. Since, the residents of Lalpur and the plaintiffs are in

habit of illegal cutting of trees from the forest area, which is being

objected by the defendants No.2, 4 and 5 accordingly, the suit has been

filed with dishonest intention.

7.

The trial Court by framing issues and recording evidence,

dismissed the suit.

8.

The respondents being aggrieved by the judgment and decree

passed by the trial Court preferred an appeal, which has been decreed by

the impugned judgment and decree dated 22.02.2020 passed in Regular

Civil Appeal No.404A/2015.

9.

Challenging the judgment and decree passed by the First

Appellate Court, it is submitted by the counsel for the appellant that the

findings recorded by the Appellate Court with regard to the fact that the

plaintiffs had planted the trees and were lawful owner of the same is

false. The State Government was a necessary party in a suit against the

public servant for damages or other rel