STATE OF PUNJAB Vs. NATHURAM

JUDGEMENT

(1.) Civil Appeal No. 635 of 1957 is an appeal, by certificate, and raises the question regarding the effect of the abatement of the appeal, by the State of Punjab, against Labhu Ram, one of the respondents, on the State appeal against Nathu Ram, co-respondent.

(2.) Civil Appeals Nos. 636 - 641 of 1957 also raise the same question between the same parties.

(3.) The facts leading to the appeal are that the Punjab Government acquired on lease certain parcels of land belonging to Labhu Ram and Nathu Ram for different military purposes, under the Defence of India Act, 1939 (Act XXXV of 1939). Labhu Ram and Nathu Ram, brothers, refused to accept the compensation offered to them by the Collector and applied to the Punjab Government, through the Collector, under R. 6 of the Punjab Land Acquisition (Defence of India) Rules, 1943, hereinafter called the Rules as amended by the Notification of the Punjab Government No. 1444-HM-44/19124, dated 10th March, 1944, and published in the Punjab Gazette, Part I, dated l7th March, 1944 (Home Department). The State Government referred the matter to an arbitrator as required under R. 10, who, after enquiry, passed an award ordering the payment of an amount higher than what was offered by the Collector and also ordered the payment of certain amount on account of income-tax which would be paid on the compensation received. The State Government appealed against the award to the High Court of Punjab. During the pendency of the appeal, Labhu Ram, one of the respondents, died. The High Court, holding that the appeal abated against Labhu Ram and that its effect was that the appeal against Nathu Ram also abated, dismissed the appeal. It also dismissed the cross-objections. The State Government applied for a certificate of fitness of the case for appeal to this Court and the High Court granted it, as questions of great private and public importance were involved.