ISHWAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order of the Learned District Judge, Solan dated 12.7.2004 passed in Execution Petition No. 19 -S/10 of 2002.

(2.) BRIEFLY stated, the facts of the case are that the Petitioner Ishwar Singh is the real brother of late Sh. Bhagwan Singh @ Bhagwanu. It is not disputed that some land jointly owned by the brothers and other co -owners was acquired for setting up of the Dr. Y.S. Parmar University of Horticulture and Forestry at Nauni. Two reference petitions being Petition No. 4 -S/4 of 1977 and Reference Petition No. 77 -S/4 of 1977 were filed. The first petition was filed only by Sh. Bhagwanu and the second petition was filed by Sh. Bhagwanu and Ishwar Singh both. In the petition filed by Sh. Bhagwanu and Ishwar Singh, Muna Ram, Roop Ram and Kishan Lal three other brothers were impleaded as performa Respondents. It is not disputed that the claim was in respect of land in village Jaganzi. The claim petitions were allowed. Appeals were filed in the High Court which were first allowed and the matter remanded. Thereafter, again compensation was enhanced by the reference Court. The appeals filed against this award were RFA Nos. 272 of 1991 and RFA No. 281 of 1991. These appears were disposed of vide judgment dated 19.5.1994.

(3.) THE Petitioner had filed an execution petition against the private Respondents which has been dismissed by the Learned District Judge only on the ground that the Petitioner led no evidence to show that the entire deposited amount in the High Court has been withdrawn by Respondents No. 4 to 13 or that he has not withdrawn any amount of money out of the said deposited amount. Therefore, according to the Learned District Judge it cannot be said that Respondents No. 4 to 13 have withdrawn money in excess of their shares.