SATWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a Letters Patent Appeal. The facts giving rise to the present Appeal are as follows :-A land measuring 690 Acres, 5 Kanals and 14 Marias situated in Village Kang Khurd was Banjar. Under the Punjab Reclamation of Land Act 1959, Mohinder Singh, moved an application that the land be reclaimed. He agreed to pay reclamation charges as assessed by the Agriculture Department. The State of Punjab reclaimed the land and thereafter issued a notice on 18th of June. 1959 to Mohinder Singh that the land has been reclaimed and that he was required to take possession of the same. A demand notice was also issued to him to pay Rs. 37787. 20 in eight years i. e. in 16 half yearly installments. The first installment was due on 1. 1. 1961

(2.) MOHINDER Singh filed a suit No. 219 of 1966 in the Court of Sub Judge 1st Class, Jullundur, against the State of Punjab for a declaration that the State of Punjab is not entitled to recover the aforesaid amount from Mohinder Singh as reclamation charges etc, for alleged reclamation of the land in dispute This suit was decreed by the trial Court on 15th March, 1967. In this suit the trial Court did not go in the merits of the issues but, decreed the suit on the sole technical ground that since reclamation was done before the 1959 Act came into force, as such it was held that the 1959 Act was not applicable and consequently the notices issued by the State of Punjab under Section 9 of the 1959 Act were without authority of law and consequently, it was held that the notices were bad in law. The trial Court categorically observed in the said judgment that since the reclamation was not done under the Act in question, recovery under the 1959 Act cannot be made and the State of Punjab must sue for the amount.

(3.) AFTER the decision in the above mentioned suit, the State of Punjab filed suit No. 101 of 1969 for recovery of an amount of Rs. 47,530 99 The break up, of which is as followed : -Rs. 31,074. 32 as Reclamation charges. Rs. 8,799 76 as Interest, and Rs. 7,656 91 as Penal interest. This suit was filed by the State of Punjab in the Court of the Sub Judge 1st Class, Jullundur The suit was dismissed by the Sub Judge 1st Class, Jullundur by judgment dated 28th April 1972. Against the said judgment Regular First Appeal No. 333 of 1972 was filed by the State of Punjab in the High Court While the appeal was being heard in this Court, the learned Single Judge by his order dated September 9, l98i remitted the matter under Order 31 Rule 25 to the trial Court to lead evidence on the question as to what was the loss suffered by the State Government as before the trial Court, no evidence was led in this regard.