Law:

Section:

SARDAR SAID MUHAMMAD KHAN, ACTG.CJ.---This appeal has been directed against the judgment of the High Court dated 6-2-1990 whereby the revision petition filed by the appellant, herein, was dismissed.   Brief facts giving rise to the present appeal are that an agreement was executed between the parties on 23-11-1963 whereby the appellant leased the forest area described as compartment 10 (b) part and compartment 12 of Bandi Ashkot Range. The lease area was situated on the Indian side of cease-fire line which was described in the agreement as eastern side of the cease-fire line. According to the terms of agreement, the respondent was entitled to fell the standing trees from the said area and after paying the royalty @ Rs.2 per c.ft. to export the timber to Pakistan for sale. As there was danger that Indian Army might hinder the working in the lease area, the agreement stipulated that respondent would carry on the work in the lease area at his own risk. The lease period was to continue for three years with effect from 23-11-1963, the date of the agreement. The agreement envisaged that in case of dispute between the parties the matter would be referred to the Conservator of Forests who would decide the dispute as an Arbitrator. The respondent, in pursuance of the aforesaid agreement, started work in the lease area but subsequently there were some casualties as a result of firing by the Indian Army. Consequently, the agreement dated 2311-1963 was revoked and was substituted by another agreement on 4-4-1966 whereby Mirza Nazir Hussain, the then Deputy Commissioner, Mirpur, was appointed as Arbitrator. The disputed points envisaged in the agreement were referred to him and he made an award on 16-11-1966. Certain objections were filed against the award by the appellant. The High Court, after hearing the parties on objections, amended the award vide its judgment dated 20-3-1976 to the extent that the respondent would not be entitled to any interest on the price of the timber to which he was found entitled the rest of the award was made the rule of the Court and a decree was passed in favour of the respondent, herein. The appellant filed an appeal to the Division…