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Note "Trees " ' mentioning civil Court was to distinguish between ('34) Mitra, Page 600 N 579 orders passed by a Munsif and by a Civil Judge for R B Lai -- for Appellants the purpose of determining the forum of appeal H Husain and Abid Husain -- for Respondent Appeals against the decisions of a Collector lay to the District Judge, while in the case of orders JUDGMENT --This is a defendants' second passed by the civil Court of a Munsif appeals may appeal and arises out of a decree for Rs 200 passed have lain either to the District Judge or to a civil by the two lower Courts as damages on account of Judge empowered to hear appeals, and in the case the defendants' wrongfully cutting 69 babul trees of an order passed by a civil Judge, either to the from certain plots in village Unchahar It is not District Judge or to this Court We do not think denied that the plaintiff-respondent is a mutwalli therefore that the argument has any force We are and representative of one Saiyid Yusuf Husain, the of opinion that the question referred to the Full talukdar of Unchahar, who executed a perpetual Bench must be answered in the affirmative lease (Ex A-l) in respect of 25 bighas 4 biswas and 8 biswansis land situate in village Unchahar GN /RK Answer accordingly pargana Salon with an annual rent of Rs 40 on 24th July 1924, in favour of the defendant, along ^ e A I R (29) 1942 Oudh 460 with other land with which we are not concerned Bennett and Ghulam Hasan JJ in the present appeal The plaintiff's case was that the lease in favour of the defendant was for pur Sri Gur Prasad Singh -- poses of cultivation only, that the babul trees were Defendants -- Appellants of spontaneous growth and existed at the plots in suit at the time of the lease and that the defendant v wrongfully cut the babul trees in derogation of the Sped Mehdi Husain -- Plaintiff -- terms of the lease and appropriated the timber Despondent thereof without any right He accordingly claimed Rs 200 as compensation money by way of da     1

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction †	Date	Full Text		Citation Index
Ram Autar Misir v Mahabir Shukul	[1942] AllINRprOudh 122; [1942] AIR Oudh 458	All India Reporter - Oudh	India - Uttar Pradesh	25 Aug 1942	AsianLII