RAGHUNATH PARSHAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against order dated 12.1.1984 passed by Additional District Judge, Faridabad in Execution Case No. 129 of 1980.

(2.) THE petitioners claims that they were perpetual lessees of land comprised in khasra No. 679 situated within the revenue estate of Faridabad which was acquired by the State of Haryana under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). In the reference application filed by the land owners (respondents No. 3 and 4) for enhancement of compensation awarded by the Land Acquisition Collector, learned District Judge, Gurgaon, after taking into consideration the statement made by their counsel, passed award dated 21.1.1974 vide which he declared that the proprietors of the land were entitled to capitalised value assessed at 20 times of the rental value and the remaining compensation shall be payable to the lessees. This is borne out from para 50 of the judgment, which is reproduced below :

(3.) AFTER hearing counsel for the parties, learned Additional District Judge, Faridabad declined to decide the execution application filed by the petitioners by observing that vide order dated 1.5.1982, a direction had been given to pay the entire decretal amount to the land owners subject to their furnishing bank guarantee and they had withdrawn the amount after furnishing the required bank guarantee and that the reference application filed by the lessees under Section 18 of the Act was pending.