CHET RAM Vs. JAI PARKASH ASSOCIATES LTD

JUDGEMENT

(1.)

(2.) The first respondent has set up a cement plant in village Baga, Tehsil Arki, District Solan. Petitioners No.1, 2 and 5, namely Chet Ram, Kaili Devi and Jamna Devi, respectively, are the owners of the land situated in village Dhar Tatoh, Tehsil Sadar, District Bilaspur. They entered into an agreement with the first respondent - Company for the sale of their lands situated at Dhar Tatoh, subject to the permission obtained by the said respondent under Section 118 of the HP Tenancy and Land reforms Act, 1972.

(3.) THE petitioners alleged that the possession of the land under sale was to be delivered to the respondent - Company at the time of execution of the sale deeds, but they forcibly took the possession and raised construction. Whereas, the respondent -Company disputed this fact and alleged that the possession was handed over by the petitioners aforesaid at the time of execution of agreements of sale on having received about 72% of the consideration amount. It is alelged that the Company was required to obtain permission, but according to the respondent -Company, they obtained the permission thrice, but the petitioners started dilly -dallying for executing the sale deeds. As such suit for specific performance against petitioners No.1, 2 and 5 was filed in the Court of learned District Judge, Bilaspur, which is still pending. The respondent - Company also denied that the petitioners were residing in Dhar Tatoh. According to them, they are in fact the residents of village Sai, Bharmana but they illegally got their names transferred to Panchayat, Dhar Tatoh with a fraudulent motive to secure the benefits under the Rehabilitation and Resettlement Scheme.