RAM SALONE SHARMA Vs. RAM ASHRYA SHARMA

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against the order by which it has been held that the civil suit for declaration and injunction is not maintainable in view of Section 18 of the Land Acquisition Act, 1894.

(2.) THE petitioner's case is that the house in dispute situated in Village Ramnagar Jtma is their joint family property and of the defendant Nos. 1 and 2. According to plaintiffs, Dhanukdhari was the owner of this house. He had four sons. Plaintiff No. 1 Ramsalone, Defendant No. 1 Ramashraya and defendant No. 2 Ramlolar are three of them. Mangaldeen was also son of Dhanukdhari. He has died and plaintiff No. 2 Bhagwandas is his son. Thus, according to the plaintiffs they had half share in the house which has been acquired by the Land Acquisition Officer for Bansagar Project. The amount of compensation has been deposited. Half of the amount of compensation determined by the Land Acquisition Officer has been paid to the defendant Nos. 1 and 2 and the remaining half is still in deposit.

(3.) THE defendant Nos. 1 and 2 submitted an application for dismissal of the suit on the ground that it cannot be entertained by the Civil Court and the proper Court-fee has also not been paid. The Trial Court upheld these objections and dismissed the suit.