HARNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a regular second appeal filed by Harnam Singh and others plaintiffs against the judgment dated April 1, 1961, of the District Judge, Patiala, dismissing their appeal against the judgment dated July 13, 1960, of the Sub-ordinate Judge, First Class, Patiala (C), whereby their suit was dismissed.

(2.) THE facts of this case are that the appellants Harnam Singh and others were owners of land in Rajpura and it was acquired by the Patiala State Government for Patiala Biscuit Manufacturers Limited, Rajpura, respondent No. 2, under the provisions of the Patiala Land Acquisition Act, Sambat 1995 (hereinafter called the Act ). Shri Devinder Singh Chahl, Collector, Patiala gave an award under Section 11 of the Act on 26-1-2001 B. K. , which is equivalent to May 8, 1944 A. D. fixing the price of this land at the rate of Rs. 600 per Bigha. The Biscuit Factory, defendant No. 2, filed an appeal against this award before the Revenue Commissioner, under Section 19 of the Act. The Revenue Commissioner accepted this appeal vide his order dated July 25, 1944, whose copy is Exhibit P. W. 3/1 and remanded the case to the Nazim Patiala for re-decision according to the rules. After the remand the appellants participated in the proceedings before the Collector who gave his award on January 16, 1945 and the amount of compensation was fixed by him at Rs. 220/- per Bigha. The plaintiffs received the amount of compensation awarded to them without protest. They filed the present civil suit on October 23, 1950, for a declaration that the order of the Revenue Commissioner, dated July 20, 1944, allowing the appeal of the defendant Biscuit Factory was without jurisdiction and was void and therefore the proceedings in pursuance of that order would be of no consequence and the only award in the field would be the award dated May 5, 1944. This suit was contested by the Biscuit Factory and by the Patiala and East Punjab States Union, because in the meantime the State of Patiala had merged into this Union. On the pleadings of the parties the following issues were framed by the trial Court:-- "1. Whether the Court has jurisdiction ? 2. Whether the suit is barred by time ?

(3.) WHETHER a valid notice under Section 80, Civil Procedure Code, was given ?