LAWS(P&H)-2016-2-405

DIDAR SINGH Vs. NAR SINGH AND OTHERS

Decided On February 04, 2016
DIDAR SINGH Appellant
V/S
Nar Singh And Others Respondents

JUDGEMENT

(1.) The present Regular Second Appeal has been preferred against the judgment and decree dated 19.11.2014 passed by the learned Additional District Judge, Kaithal, vide which the appeal preferred against the judgment and decree dated 24.12.2012, passed by the learned Civil Judge (Sr. Division), Kaithal, has been decreed.

(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.

(3.) The defendants-respondents have filed the suit for declaration to the effect that they are entitled to get 75 % of the amount awarded as compensation for the acquisition of the suit land detailed and described in para no.1 of the plaint situated within the revenue estate of Patti Gaddar, Kaithal, Tehsil and District Kaithal. They also sought a decree of mandatory injunction directing defendant no.1 to recover the total compensation amount paid to defendant no.2 and further pay 75 % of the same to the plaintiffs along with interest at the rate of 18 % per annum since the date of acquisition till its actual realization or in the alternative defendant no.1 may be directed to send the objection filed by the plaintiff under Section 30 and 31 of the Land Acquisition Act, 1894 (for short 'Act') to the Competent Court of jurisdiction for adjudication and for apportionment of the compensation as per the provisions of law.