MILKHI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners entered into agreement to purchase dated 27.1.1983 with respondents No. 2 to 8 in respect of land measuring 50 Kanals. The price fixed under the agreement was Rs. 35,000/- per acre. At the time of execution of agreement to purchase, a sum of Rs. 90,000/- was paid by the petitioners to respondents No. 2 to 8. Respondents No. 2 to 8 had agreed to execute the sale deed on or before 10.2.1983. However, respondents No. 2 to 8 failed to execute the sale deed as per agreement. The petitioners, in order to enforce the agreement, filed a suit for specific performance of agreement dated 27.1.1983. The trial Court dismissed the suit but the first appellate - Court, vide order dated 22.12.1987, passed a decree for specific performance of the contract. Before the decree could be executed and in pursuance thereof the sale deed could be executed in favour of the petitioners, the land was acquired under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) on 6.6.1988.

(2.) After the notification under Section 6 of the Act, notices were issued to owners under Section 9(1) and (2) of the Act. The petitioners filed an application before the Collector, Land Acquisition, contending that they have become owners as suit for specific performance has been decreed in their favour. The petitioners also made two applications: one under Section 18 of the Act and the other under Section 30 of the Act, asking the Collector to make a reference to the Civil Court for enhancement of compensation as well as for the apportionment thereof.

(3.) The Collector vide impugned order dismissed the application of the petitioners mainly on the ground that the petitioners can be at the most considered to be prospective buyers as sale deed in pursuance of the decree for specific performance had not been executed in their favour.