KEHAR SINGH Vs. NISHAN SINGH

JUDGEMENT

(1.) The petitioner, who is one of the defendant in the suit, has filed this petition Under Article 227 of the Constitution of India for setting aside the order dated 19.5.2003 passed by the Civil Judge (Jr. Division), Panipat vide which the application filed by the petitioner for treating the issues of jurisdiction, maintainability and res judicata as preliminary issues, has been dismissed.

(2.) In this case, the State of Haryana vide notification dated 23.2.1989 acquired certain land situated within the revenue estate of village Patti Taraf Insar, Panipat, including the land of Nishan Singh, plaintiff-respondent. On part of the acquired land of the plaintiff-respondent, the petitioner and another defendant in the suit namely, Sampuran Singh, were the tenants. The petitioner was tenant on land measuring 3 bighas 11 biswas since 1972 on payment of rent at the rate of Rs. 92/- per bigha per year. Sampuran Singh, defendant was tenant on land measuring 3 bighas 10 biswas comprising in khasra No. 4453 on payment of rent at the rate of Rs. 92/- per bigha per year since 1970 to 1992. Regarding the said acquisition, the Land Acquisition Collector made the award dated 31.3.1994 Under Section 11 of the Land Acquisition Act (hereinafter referred to as 'the Act')- Since the petitioner was a tenant on part of the acquired land, he claimed compensation being tenant, but when the plaintiff-respondent did not agree to part with the compensation, the petitioner field reference Under Section 30 of the Act for apportionment of the compensation. The plaintiff-respondent also filed a reference application Under Section 18 of the Act for enhancement of the compensation. Both the reference applications were referred to for adjudication of the respective claims to the Court of Additional District Judge as provided Under Section 30 of the Act. Before the Reference Court, both the parties put their respective claims. The petitioner and other tenant Sam-puran Singh claimed that they are the tenants on the suit land which is owned by Sunder Singh, the father of the plaintiff, and it was claimed that they were entitled to apportionment of 3/4th share of the awarded as well as enhanced compensation under the Act.

(3.) The Reference Court vide its award dated 31.3.1994 held that both Kehar Singh and Sampuran Singh were tenants under the deceased Sunder Singh, now represented by his son Nishan Singh (plaintiff-respondent) on payment of Lagan at the rate of Rs. 92/- per bigha in respect of the land measuring 3 bighas 11 biswas and 3 bigwas 10 biswas comprising in Khasra Nos. 4453 and 4454. After recording the said finding, the Reference Court held that the landlord and the tenant are entitled to apportion the awarded compensation in the ratio of 2/3rd share and l/3rd share, respectively. Against the said award, R.F.A. No. 827 of 2000 (Nishan Singh v. State of Haryana) is pending and the application filed by Nishan Singh for stay for disbursing the amount of compensation to the tenant was disposed of by interim order that the compensation be paid to the tenant, subject to security to the satisfaction of the executing Court. The said order was challenged by the respondent-Nishan Singh by filing L.P.A. No. 1620 of 2000, which was dismissed in limine on November 16, 2000.