JAI PRAKASH HYDRO POWER LTD Vs. OCCHU RAM

JUDGEMENT

(1.) By this common order, all the three petitions are being disposed of together.

(2.) The only point of controversy involved for adjudication in these petitions, all filed under Article 227 of the Constitution of India, relates to the ouster of jurisdiction of a Civil Court as was claimed by the petitioner in the Civil Suits filed by respondent No. 1 against the petitioner and respondent No. 2. Brief facts first.

(3.) Respondent No. 1 filed a suit for claiming damages and compensation against the petitioner and respondent No. 2 on the ground that while laying transmission lines and erection of other structures, damage was caused to the property, movable as well as immovable of the plaintiff-respondent No. 1. Various disputed questions of fact arose in the aforesaid suits, namely, the plaintiff- respondent No. 1 asserting the factum of damage suffered by him and claiming a particular sum of money and the petitioner as well as respondent No. 2 disputing the factum of damage or the extent of such damage as also disputing and denying its liability to pay the claimed amount of damages and compensation.