TOTA RAM Vs. DUMNU RAM

JUDGEMENT

(1.) This appeal has been directed against judgment, decree dated 13.1.1999 passed by Additional District Judge, Mandi in Civil Appeal No. 6 of 1991/11 of 1996 reversing judgment, decree dated 31.12.1990 passed by Sub Judge 1 st Class, Court No.1, Mandi in Civil Suit No. 24/89 (88). Some parties have died, their legal representatives have been brought on record. In this judgment, the parties are referred as plaintiffs and defendants.

(2.) The brief facts of the case are that the plaintiffs filed a suit on 4.10.1988 for permanent prohibitory injunction against the State of Himachal Pradesh and six private defendants restraining defendants No. 2 to 7 from receiving payment of assessed amount of compensation in respect of acquired land in which plaintiffs are co-sharers with further prayer to restrain defendant No.1 State of Himachal Pradesh from making any payment of assessed amount of compensation to defendants No. 2 to 7. The prayer of mandatory injunction has also been made to reconsider and amend the award, re-apportion the amount of compensation between plaintiffs and defendants No. 2 to 7 as per their shares recorded in revenue record.

(3.) The further case of the plaintiffs is that land measuring 35- 10-17 bighas situated at Jhiri, H.B. No. 508, Illaqua Sanor more specifically described in the plaint is recorded in the joint ownership of the plaintiffs and defendants but in possession of defendants No. 2 to 7 as co-sharers as per jamabandi for the year 1986-87. The Government has acquired the land comprised in Khasra No. 389 measuring 2-14-5 bighas, Khasra No. 391 measuring 3-10-17 bighas and Khasra No. 390 measuring 2-16-17 bighas for purposes of widening of National Highway No. 21. The Collector, Land Acquisition H.P.Public Works Department (for short 'Collector') gave his award under Section 11 of the Land Acquisition Act, 1894 (for short 'Act') awarding compensation in favour of defendants No. 2 to 7 excluding the plaintiffs. The defendants No. 2 to 7 were possessing the aforesaid land as trustees of the plaintiffs, who have every right, title or interest in the acquired land.