GIAN SINGH Vs. TEHL DASS

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 11.4.1989 passed by the Additional District Judge, Jalandhar, by which the appeal filed by the plaintiff-appellant was dismissed and the judgment and decree dated 2.11.1988 passed by the trial court (dismissing the suit for declaration filed by the plaintiff-appellant) was upheld.

(2.) The plaintiff-appellant instituted a suit for declaration to the effect that be is entitled to the enhanced compensation that may be awarded by the District Judge-cum-Tribunal, Jalandhar, with regard to the suit land, inter alia, on the allegations that vide agreement dated 29.12.1972 the plaintiff had agreed to purchase the suit land from the defendant-respondent for Rs. 7000/-; that the entire sale consideration was paid and the plaintiff was put in possession of the land by the defendant that the land had been purchased by the defendant from the Central Government; that the saledeed, was to be executed on demand; that, however, prior to execution and registration of the sale-deed, the suit land was acquired; that the compensation awarded by the Land Acquisition Collector was received by the plaintiff, that a reference has been made to the District Judge and the enhanced compensation is to follow; that, as the defendant had no right, title or interest in the land after the full consideration amount had been paid to him, the plaintiff is entitled to the enhanced compensation which is to be awarded by the District Judge; and that, since the defendant has refused to admit the claim of the plaintiff, therefore, the suit has been filed by the plaintiff-appellant, stating that he is entitled to get the enhanced compensation.

(3.) On notice, the defendant-respondent admitted the claim of the plaintiff- appellant and prayed that the suit be decreed.