KARNAIL SINGH Vs. JAGIR SINGH

JUDGEMENT

(1.) This is a revision petition by the defendant against the order of the Subordinate Judge IIIrd Class, Ambala City, dated 25th February, I882.

(2.) Briefly. of the plaintiff is that the defendant was his real brother They had joint land in Patti Mehar In 1977. the parties partitioned the holding by way of family settle and mutation of partition was duly sanctioned by the Revenue officer on 3rd January. 1978. In the partition proceedings. Khasra No. 860 was divided into three parts and the plaintiff was allotted Khasra No. 860/3, measuring 10 Marlas. The State of Haryana acquired land measuring 1.89 acres under the Land Acquisition Act (hereinafter called the Act) for a public purpose, which included the land in dispute. It, however, did not give any notice under Section 9 of the Act, nor it gave any notice matter announcement of the award to the plaintiff. He. therefore, it is alleged, remained under an impression that the said Khasra number had not been acquired The defendant came to know about the acquisition and he withdrew the sum of Rs. 1955/- awarded as the amount of compensation concealing the factum of partition between the parties. The defendant also moved an application for enhancement of the compensation under Section 18 of the Act on the basis of. which the compensation was. enhanced by en amount of Rs. 20.835/-. The amount has been deposited by the State in the Court of the Additional District Judge Ambala. Consequently, the plaintiff filed a suit for recovery of Rs. 1,955/- on account of compensation awarded by the Collector regarding the said the a number and for declaration of the effect that he is entitled to the same of Rs. 20,835/- lying in deposit in the Court of the Additional District Judge, Ambala

(3.) The defendants contested the suit end later alia pleaded that the Civil Court had no jurisdiction to by it. On the aforesaid pleading, the trial Court termed the following issue:-- Issue No. 4: Whether the Civil Court' has no jurisdiction to try and entertain the present suit ?