SUBASH CHANDER Vs. BHAGWAN YADAV

JUDGEMENT

(1.) THIS petition raises questions of general importance, arising frequently in trials. The questions can be framed thus:-

(2.) THIS petition under Article 227 of the Constitution of India is preferred by the defendant in the suit before the Trial Court and against the order dated 20th October, 2008 dismissing the application of the petitioner/defendant under section 45 of the Indian Evidence Act.

(3.) THE respondent/plaintiff instituted the suit from which this petition arises against the petitioner/defendant for recovery of money. It is inter alia the case of the respondent/plaintiff that he is the owner of certain land which had been acquired from the predecessor of the petitioner/defendant; that a notification for acquisition of the said land was issued; that he applied for compensation for such acquisition; however the petitioner/defendant filed objections against the release of compensation to the respondent/plaintiff and which objections were subsequently withdrawn by the petitioner/defendant; that owing to the objections having been filed, the release of compensation to the respondent/plaintiff was delayed. The respondent/plaintiff claims interest on the amount of compensation for the period of delay, so caused by the petitioner/defendant.