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The grant was ultimately given effect to be the mutation entry No.2299 dated 17/18-12-2003, Bikrami, Exh. P-13. Unfortunately, the plaintiff's mother who acted as his guardian after the death of her husband in April 1947 also passed away shortly thereafter on 22nd July, 1949 necessi- tating the Court of Wards to step-in since the plaintiff was still a minor. While the plaintiff's estate was under the Superintendence of the Court of Wards a list of his Jagirs was prepared. This list Exh. P-18, which is in respect of tehsil Ramput, describes the disputed khasra Nos. 341, 108,222, 34, 479,606 and 4 as unmeasured and forest lands. On the plaintiff attaining majority his estate was released w.e.f. 1st April, 1956 from the Superintendence of the Court of Wards under the Financial Commissioner's notification dated 24th March, 1956. Owing to the existence of certain pillars of the forest department within the areas belonging to the plaintiff, the plaintiff made a representation Exh. P-25 for the removal of the said pillars from his lands. As a result of this representation, joint demarcation reports dated 24th June 1958, Exh. P-5, and 9th December, 1958, Exh. P-8, were made which disclosed that the dispute related to the boundary in compartment 8-b only but no final decision could be taken as some difference of opinion persisted between the officers of the forest department in this behalf. The plaintiff thereafter made a further representation dated 11th August, 1959, Exh. D-2, claiming compensation for the trees cut by the forest department during his minority when the estate was under the Superintendence of the Court of Wards. As a sequel to this representation Mr. Raina, the Conservator of Forests, wrote a letter dated 27th May, 1960 marked secret, Exh. D-3/4, wherin he stated that the first class forest compartments 10A (Part, 10B (Part), 9A, 9B, 9C and 8C were the property of the forest department and the question of demarcation of these forests did not arise. He further pointed out that if the possession of these compartments is transferred to the plaintiff the department will have to undergo a loss of Rs. 18.75 lakhs. Lastly, he warned that if the plaintiff's claim is accepted numerous such claims will be made by the villagers because of similar entries in the revenue records. He thought that this was a test case. He followed this up by his note dated 24th July, 1960, Exh. D- 3/6, wherein he reiterated that except for 263.4 bighas of revenue yielding land the claim of the plaintiff in respect of the remaining 1719 acres was fantastic. He strongly urged that the plaintiff's claim should be rejected outright and he and his contractor, defendant No. 3, should not be al- lowed to lift the timber of the trees which he was permitted to cut from khasra Nos. 341,606, 222 and 34 under the letter No. Ft/43-124/VI dated 29th February, 1959. Thereafter the Divisional Forest Officer by his letter No. C-II-37/810 dated 25th May, 1960 informed the plaintiff and defendant No. 3 that the timber felled in compartment 9C should not be removed and no further felling of trees should take place in compartments 8C, 9A, 9B and 10A (Part) and lOB (Part) in khasra No. 341. By a subsequent letter No. CII-37/1181 dated 2nd August, 1960 the plaintiff was informed that the trees felled in compartments 9B and 9C were Government property and could be removed on payment of Rs.3,05,811.70. An amount of Rs.3,36,000 was later deposited pending finalisation of the dispute.

The Himachal Pradesh Private Forests Act, 1954, (Act No. VI of 1955) came into force from 28th June, 1956. Section 2 thereof in terms states that the Act shall not apply to any land which is a reserved or protected forest under the Indian Forest Act, 1927. Section 4 empowers the State Gov- ernment to prohibit by notification the cutting, felling, gridling, lopping, burning, stripping off the bark or leaves or otherwise damaging any tree or counterfeiting or defacing marks on trees or timber in such private forests as may be specified. Under Section 5, after the section 4 notification is issued, the Forest Officer is required within a period of one year from the date of publication of such notification, to demarcate the limit of such forest in accordance with the revenue records and erect such number of boundary pillars at such points of the line of demarcation as may be necessary at Government expense. Once the notification is issued under Section 4, Section 6 restrains the landlord and all other persons from cutting, collecting, or removing trees, timber or other produce in or from the notified forests in contravention of the provisions made in or under the Act. Section 11, however, authorises a Forest Officer on the application of the landlord or owner to grant a licence for the felling of trees for such purposes and with such conditions as he may deem proper. Sub-section (3) of that section permits the owner to exercise the option of selling the trees either through the Forest Department or direct to any contractor. In the latter event the owner must pay 15% fees on the price of the trees calculated in accordance with the prescribed principles. Section 16 makes a contract entered into by the owner with any person conferring on such person the right to cut, collect or remove trees, timber or fuel from the private forests void unless the owner has first obtained a licence in this behalf under Section 11. By notification dated 10th June, 1959, Exh. P-21 published in the Himachal Pradesh Government Gazette dated 25th June, 1959, the plaintiff's forests in Khasra Numbers 1, 2, 3,218, 606, 149, 263 and 166 situate in Village Addu were declared 'private forests' under Section 4 of the said statute. By a similar notification dated 17th September, 1959, Exh. P-22, published in the Himachal Pradesh Government Gazette dated 26th September, 1959, Khasra Numbers 34, 309, 108, 479, 307, 207 and 3 17 situate in Village Addu were also notified as private forests of the plaintiff under the same provision. The expression 'Private Forests' as defined by Section 3(13) of the Act means a forest which is not the property of the Government or over which the State has no proprietary fights or to the whole or any part of the forest-produce of which the State is not entitled. Subsequently, by Corrigendum Exh. P-29 dated 28th July, 1960, the State Government deleted Khasra Numbers 1, 2, 3, 2 18, 6, 44, 606, 149, 263 and '166 of Village Addu from the notification of 10th June, 1959 and Khasra Numbers 34, 309, 108,479,307,207 and 370 of Village Addu from the notification dated 17th September, 1959 on the ground that they were erroneously notified as they in fact belonged to the Himachal Pradesh Administration. After the said enactment came into force w.e.f. 28th June, 1956 and before the notifications under Section 4 thereof were issued, the plaintiff had by his application dated 21st May, 1957 applied for permission, presumably under Section 11 of the Act, to fell trees from Khasra Numbers 1, 222 & 606 of Village Addu. The said permission was granted by Exh. P-20 and the plaintiff also paid the fee as demanded by Exh. P-23 dated 23rd August, 1957. By another application dated 16th February, 1959 the plaintiff sought permission to sell trees from khasra Numbers 34, 222, 34 1, 606 of Khewat No. 1, Khatauni No. 2 which was granted by the Chief Conservator of Forests by his letter Exh. P-28 dated 19th February, 1959. By the said letter the plaintiff was informed that the Divisional Forest Officer had been in- structed to mark the trees in the said areas silviculturally and to allow him to sell and remove the same through his contractor (defendant No. 3). However, the attitude of the Government underwent a change after Mr. Raina's secret letter of 27th May, 1960 and his note dated 24th July, 1960. The State Government issued a corrigendum dated 28th July, 1960 amending the earlier notifications issued under Section 4; restrained the plaintiff and his agent defendant No. 3, from cutting and lifting the trees from the forest area and compelled deposit of Rs.3,36,000 for removing the trees and was also required to execute a bond. The plaintiff, there- fore, filed the suit which has given rise to this appeal to assert his rights.

According to PW 11 S.R. Jhingta, the power of attorney of the plaintiff, basa land included cultivated forests and grazing lands. PW3 Roop Singh Negi described basa lands as Banjar lands, arable lands, cultivated lands and forest lands. PW 10 Sagar Singh produced pattas to show that two basas containing forests were granted by the Raja to his father. The Division Bench refused to place reliance on the oral testimony of the aforesaid witnesses in view of the aforequoted authoritative definition. But this definition is not exhaustive and does not specifically rule out the inclu- sion of forest lands. If by the grant the Raja intended to grant only the revenue yielding area of 263.4 bighas there was no need to mention 'and part of the uncultivated Jagir' in Exh. P-6. It is an admitted fact that the total area of the basa comprising 106 plots is much more than 263.4 bighas. That means that it includes besides the cultivated area of 263.4 bighas certain unmeasured area also. The revenue of the cultivated area of 263.4 bighas is a paltry Rs.58--8--3. It is not shown that the total revenue of cultivated lands in all the basas constituting the grant works out to Rs.9,000 per year. Besides, if the grant is confined to 263:4 bighas only, the words 'and part of the cultivated Jagir' are rendered redundant. Next-the concerned Khasra numbers have been described as Banzar Kadeem which includes forests as held by the Division Bench. All the entries namely Exh. P- 15, P-33, P-36 and P-38 describe the con- cerned Khasra numbers as unmeasured. If the 106 plots in Exh. P-6 admeasure more than 263.4 bighas, it follows that they also include unmeasured lands referred to as 'part of the uncultivated Jagir'. Reference to uncultivated Jagir implies existence of land other than cultivated revenue yielding land which may include forests. According to Punjab Settlement Manual (Fourth Edition) uncultivated land is classified as Banzar Jagir, Banzar Kadeem and Gair Mumkeen. The Division Bench points out that the definition in the Manual is not to be rigidly construed and would include forest lands which may not be cultivated but may have the potential for cultivation, if forests are removed. In other words lands covered by forests may be highly fertile and may be reserved by the Ruler for his own use or for the use of his relatives and dependents. This supports the statement of PW11 S.R. Jhingta that in Tehsil Rampur forests and grass lands were entered as Banzar Kadeem. This discussion leads us to the conclusion that a Chak comprises Basas, a Basa comprises both cultivated and uncultivated lands, unculti- vated land includes Banzar Kadeem which in turn includes unmeasured forests. The recent revenue Settlement of 1979-80 shows that the disputed Khasra Numbers 34, 222, 34 1 and 606 comprise of 422 plots admeasuring 789-84-85 Hectares out of which 711-2750 Hectares form part of the forests. It is pertinent to note that the same is shown in the ownership of the plaintiff.

On the plaintiff attaining majority his estate was released from the Superintendence of the Court of Wards w.e.f. 1st April, 1956. The list in respect of his movable and immovable properties was prepared before the properties were handed-over to the plaintiff. This list dated 31st January, 1956 shows the total landed estate comprised of 1864 acres. In 1958-59 the plaintiff had planted 3000 Deod- har and Kail trees which was highly appreciated by the Deputy Commissioner, Vide Exh. P-11. Some land was acquired by the State Government for its P.W.D. and the plaintiff was paid Rs. 11,000 as compensation. The plaintiff had also made applications for permission to fell trees from the disputed khasras which were granted, vide Exhs. P-20, P-23 and P-28. Indisputably trees had been felled pursuant to the permis- sion so granted. Next Exhs. P-41 and P-42 show that the plaintiff sold some part of khasra No. 341 on 16th April, 1960 and 25th June, 1960 to third parties and corresponding changes in mutation were made. He had also donated some land from the same khasra for a school. These are acts of owner- ship which have not been repudiated. The disputed Khasra numbers were also the subject matter of two notifications issued under section 4 of the Himachal Pradesh Private Forest Act, 1954, whereby they were notified as 'private forests'. All this conduct on the part of the defendants 1 and 2 goes to show that they treated the disputed Khasra Numbers as the Jagir of the plaintiff. It was only in 1960 after Mr. Raina's secret letter and his subsequent note that the defendants disputed the plaintiff's ownership in the said Khasra numbers and issued the corrigendum Exh. P-29 withdrawing the aforesaid two notifications as it was rea- lised that it would result in a substantial loss of Rs. 18.75 lakhs. Till the doubt was raised by Mr. Raina, the State Government throughout treated the disputed Khasra numbers as forming part of the plaintiff's Jagir. this conduct evidence lends support to the view that the disputed Khasra numbers were bestowed on the plaintiff under the first Jagir of 14th Maghar 1999 Bikrami.