SURAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petitioners are the sons of Man Kaur through her cohabitation with Jiwan Singh. The petitioners seek the amendment in the description of parties on the memorandum of appeal as well as in the judgment and decree of this Court rendered in R.F.A. No. 2178 of 1986 dated 9.12.1988, contending that due to inadvertence the appeal was depicted to have been filed by Surat Singh, Sarup Singh and Sher Singh, describing them as the sons of Man Kaur instead of describing Man Kaur widow of Jiwan Singh as one of the appellants although the requisite court-fee was paid on the entire acquired land in the appeal. It is further averred that Man Kaur along with the present petitioners had executed the vakalatnama in favour of Mr. Roshan Lal Sharma, through whom the present appeal was filed. In support of their case, the petitioners have appended a photostat copy of the Land Acquisition Collector's statement prepared under Section 19 of the Act while making reference to the District Judge under Section 18 of the said Act. All the three petitioners have also filed their affidavits stating that Man Kaur along with them had filed the present appeal regarding her 1/4th share in the acquired land measuring 73 kanals 4 marlas. It is not disputed by the respondents that Man Kaur had 1/4th share in the acquired land. The copy of the Jamabandi attached with the petition also reveals that Man Kaur had 1/4th share along with her three sons in the acquired land which originally belonged to her husband.

(2.) Under these circumstances, there is no scope but to conclude that Man Kaur did file an appeal against the impugned award of the District Judge, Ropar and necessary correction be made in the memorandum of appeal as well as in the description of the parties in the judgment and decree of this Court. It is ordered accordingly by accepting this petition.