Nathar Rowther v. Secretary Of State

Nathar Rowther v. Secretary Of State

(High Court Of Judicature At Madras)

No. | 20-10-1926

Waller, J

[1] The appellant took a contract from the Forest Department. He had to pay the lease amount in four instalments and defaulted on the second, His property was then sold under Section

66. Forest Act. It is now argued that the decision in Secretary of State v. Abdul Rahiman [1912] 24 M. L. J. 426 is in favour of the appellant. I think that the lower appellate Court was right in distinguishing that case on the ground that there the contract had been cancelled by Government before action was taken under Section 66, Forest Act. I may add with great respect that it seems to me at least arguable further, that the learned Judges took too restricted a view of the words "on account of forest produce." The appeal fails and is dismissed with costs (two sets).

Advocate List
Bench
  • HON'BLE MR. JUSTICE WALLER
Eq Citations
  • 102 IND. CAS. 712
  • AIR 1927 MAD 816
  • LQ/MadHC/1926/453
Head Note

Forests — Forest Act I of 1927 — S. 66 — Sale of property of defaulter under S. 66 — When can be done