IMPROVEMENT TRUST LUDHIANA Vs. UJAGAR SINGH

JUDGEMENT

(1.) Heard the counsel on either side at length. Records perused. Even though both sides had cited several decisions of this Court on the scope and application of Section 5 of the Limitation Act, 1963 but it is neither necessary nor required to deal widi those cases in the peculiar facts and circumstances of this case.

(2.) The land belonging to Respondents 1 to 4 was acquired by the appellant Improvement Trust, Ludhiana, for development scheme popularly known as "550 Acres Scheme". The Reference Court had passed the award and fixed the amount of compensation at Rs 4,27,068.20p. together with interest at the rate of 9% per annum from the date of the issuance of the notification in favour of Respondents 1 to 4. The appellant did not deposit the amount. Respondents 1 to 4 had to approach the executing court for recovery of the amount awarded.

(3.) The property described as Khewat No. 867, Khatauni No. 971, Khasra No. 272 admeasuring 7K-18M entered in jamabandi for the year 1988-1989 in Village Jabaddi No. 160 Tehsil and District Ludhiana was attached for realisation of the decretal amount. Later a notice under Order 21 Rule 66 of the Code of Civil Procedure (hereinafter shall be referred to as "CPC") was stated to have been issued to the appellant. However, despite service of notice, none appeared on behalf of the appellant judgment-debtor.