SALEHBHAI MULLA MOHAMADALI (DEAD) BY LRS versus STATE"OF GUJARAT AND OTHERS

Citation: [1991] SUPP. 1 S.C.R. 564 · Decided: 25-10-1991 · Supreme Court of India · Bench: B.C. RAY · Disposal: Dismissed

Judgment (excerpt)

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SALEHBHAI MULLA MOHAMADALI (DEAD) BY LRS. 
v 
STATE"OF GUJARAT AND OTHERS 
OCTOBER 25, 1991 
[B.C. RAY AND N.M. KASLIWAL,JJ.] 
Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953-
Section 8--Chhota Udepur State-Land declared as reserved forest Jagirdar's 
right in trees standing in such area. 
This appeal by the plaintiffs is against an order of revers~ _. 
dtd.7/lOth February, 1975 passed by the Gujarat High Court. Plaintiff 
No.1 first appellant is the contractor and Plaintiffs Nos. 2 to 4 , the other 
appellants, are the jagirdars of the farmer State of chhota Udepur. The 
Jagirdars sold some teak trees to plaintiff No.1, contractor. With effect 
from 1.8.1954, the Bombay Merged Territories and Areas (Jagirs 
Abolition) Act, 1953 was made applicable to village Nalej,and no 
D compensation was awarded to the Jagirdars in lieu of the trees, as they had 
sold them to appellant No.1 (since dead) and now represented by his legal 
representatives. The contractor made an application to the Collector ~r 
Baroda under Sourashtra Felling or Thees Act for permission to cut t~ 
trees in question, which was forwarded to Mamlatdar of Chhota Udepur, 
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who granted the same on 25.9.1961 as a consequence whereof the 
contractor started cutting the trees. The Prant Officer, Chhota Udepur, 
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however, prevented the contractor from cutting the trees whereupon the 
contractor represented the matter before the Divisional Forest Officer and 
the State Government but was told that the Jagirdars had no right to the 
trees standing in the reserved forest area and in the waste land. The~ 
Government sold the trees already cut for Rs. 1578{; and also sold the 
other trees to some other persons. The Jagirdars and the contractor file~ 
a suit against the State of Gujarat and the Divisional Forest Officer, 
Chhota Udepur, District, Baroda for rendition of accounts, for declaration 
of the plaintiffs' title to the trees, for a declaration· of the right of the 
contractor to cut the trees and to remove the same, and for direction to the 
G State to issue the necessary authorisation and •transit passes for cutting 
and removing the trees in question in favour of the contractor. Decree for 
the balance of the amount of Rs. 14518.18 after adjusting Rs. 1267.82-, 
already received was also sought .. The trial court partly decreed the suit 
holding that the jagirdars were the full owners of th~ trees and as such the 
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564 
SALEHBHAI v. STATE 
565 
~ontractor had also become the full owner thereof. The State was also A 
ordered to pay Rs. 14518.18 with propertionate costs and interest at 4 per 
centum per annum on this amount from the date of decree till realisation. 
The State of Gujarat appealed against that order to the High Court 
' of Gujarat contending (i) that under Forest Rules of Chhota Udepur B 
State, Chotta Udepur State had exercise_d rights over three kinds of 
forest-reserved, protected and opep, the State of Gujarat was thus 
-eornpetent to issue notification under sec. 4 of the Indian Forest Act, 1947. 
(ii) under the ru'les, Mahuda and teak trees were reserved trees and they · 
are prohibited from being cut; (iii) under the Jagir Abolition Act, Section 
5, t.he solid vested in the jagirdar and not the trees; hence Jagirdars could C 
no1t have sold the trees and (iv) the agreement executed between the 
contractor and the Jagirdars was not enforceable at law; ·the contractor 
could not claim any right/interest under the same. 
The High Court negatived all the contentions and the rights D 
)lCCruable to the contractor under the agreement and allowed the appeal of 
the State and dismissed the suit filed by the appellants. . 
Hence this apj>eal by the appellants. 
Dismissing the appeal, this Court 
HELD : The trees in question stood on the· area which was declared 
as reserved forest under the forest rules framed by the Chhota Udepur 
,,._. State. [512 B] 
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Once it is established that during the time of existence of erstwhile F 
State of Chhota Udepur an area admeasuring 290 acres and 14 gunthas in 
village Nalej was declared as reserve forest and jagirdars had no right at 
an in the trees standing in such area of reserved forest, the Jagirdars 
cannot be considered to have acquired a greater right on 28.7.48 when the 
Forest Rules of Chhota Udepur State were repealed by the Application of 
" Laws Order. [514 C-D] 
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CIVIL APPELLATE JURISDICTION: Civil AppealNo.1865 of 
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1975. 
From the Judgment and 

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