Nathar Rowther vs Secretary of State and Another

Waller, J.—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 u/s 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 u/s 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).