AMRITSAR IMPROVEMENT TRUSTAMRITSAR Vs. SHAM DASS

JUDGEMENT

(1.) The facts are not disputed. The Land Acquisition Tribunal under Section 59, Punjab Town Improvement Act, 1922, (hereinafter called the Act), made the award on November 30, 1975. On April 1, 1977, the decree-holder filed the execution application for realisation of the said amount with interest at the rate of 6 per cent. per annum from the date of the dispossession till the date of the actual payment. The said application was filed under Section. 65(3) of the Act in the Court of the Small Causes as provided thereunder. The application was contested as it was pleaded that the decree-holder was not entitled to claim any interest. Ultimately, the Small Cause Court found that the decree-holder was entitled to recover Rs. 10,160.00 as the balance amount of compensation and interest. Dissatisfied with the same the Improvement Trust has filed this revision petition in this Court.

(2.) At the time of the hearing, a preliminary objection was raised on behalf of the respondent that no such petition was competent in this Court. The order having been passed by the Small Cause Court, revision was competent in the Court of the District Judge in view of the provisions of Section 2, Provincial Small Cause Courts (Punjab Amendment) Act, 1975, by virtue of which Section 25 of the principle Act has been substituted. Section 2 of the said Act reads,-- Substitution of Section 25 of Central Act 9 of 1887--For Section 25, Provincial Small Cause Courts Act, 1887, in its application to the State of Punjab (hereinafter referred to as the principal Act), the following section shall be substituted, namely--

(3.) After hearing the learned counsel for the parties, I find force in the preliminary objection raised on behalf of the respondent. In view of the substituted Section 25 Provincial Small Cause Courts Act 1887 the present revision petition filed in this Court is not maintainable.