STATE OF PUNJAB Vs. SHIV CHAND

JUDGEMENT

(1.) By way of present appeal, challenge has been laid to the judgment and decree dtd. 6/5/1997 passed by the Court of learned District Judge, Faridkot (hereinafter to be referred as "First Appellate Court"), whereby an appeal filed at the instance of appellants-defendants against the judgment and decree dtd. 29/4/1994 passed by the Court of Senior Sub Judge, Faridkot (hereinafter to be referred as "trial Court"), partly decreeing the suit for recovery instituted at the instance of respondentplaintiff for grant of compensation towards use and occupation of his land measuring 3 Kanals bearing khasra No. 828, Khewat No. 3525 and Khatoni No. 6046 situated with the revenue limits of Muktsar, was modified to the disadvantage of the appellants-defendants.

(2.) Briefly stating, the case set up by the plaintiff-respondent (Shiv Chand) was that he owned 26 Kanals 11 Marlas of land situated in Khasra No. 828 (3-0) Khewat No. 3525, Khatauni No. 6046 within the revenue limits of Muktsar; out of which, 23 Kanals 11 Marlas was acquired by the Govt. of Punjab for the extension of water works on 31/12/1970, however, the remaining 3 Kanals was also utilized by the Public Health Department having constructed a water tank thereupon. It was further pleaded that previously a Civil Suit No. 439 dtd. 16/12/1980, titled "Shiv Chand Versus Punjab State" for possession was filed qua 3 Kanals of un-acquired land situated in Khasra No. 828 which came to be decreed vide judgment and decree dtd. 10/11/1981 (Ex. P-11 & P-12), however, in the extension proceedings, only symbolic possession was delivered as a water tank was existing over the said land and was being used for public at large. Besides, it was also pleaded that for compensation towards use and occupation of the said 3 Kanals of land, the plaintiff-respondent also filed Civil Suit No. 364 of 10/12/1985, titled "Shiv Chand Versus Punjab State" and same came to be decreed vide judgment and decree dtd. 20/8/1997 (Exhibits P-9 & P-10) to the extent of Rs.1,06,500.00 as mesne profits with future interest @ 6% per annum. It was also submitted that though the said mesne profits were released in favour of the respondent-plaintiff, however, since December 1985, no compensation towards use and occupation was granted in favour of respondent-plaintiff. Hence the present suit for recovery of Rs.2,89,965.00 as compensation for use and occupation of land measuring 3 Kanals owned by the respondent-plaintiff was filed for the period post December 1985 till the date of filing of suit.

(3.) On the basis of pleadings of the parties, the trial Court framed the following issues:-