BIBI JAIBUN NISA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment and decree dated 15.01.1997 and 30.01.1997 respectively passed by Sri S. P. Singh, the then Sub-Judge III, Katihar in Money Suit no. 8 of 1995 / 9 of 1996 whereby and whereunder the suit was dismissed.

(2.) The plaintiff-appellant has filed the aforesaid suit for a money decree for Rs. 2,47,867/- fully detailed in Schedule I of the plaint with interest both pendente lite and future till realization and also for the cost of the suit against the defendants.

(3.) Briefly stated, the case of the plaintiff is that she possessed 2.50 1/2 acres of land appertaining to RS plot No. 1016, 1068 and 1068/1230 in village Unase Panchgachhi under Kadwa Police Station, District- Katihar. For construction of Ring Bandh at muza Unase Panchgachhi the aforesaid land as detailed in schedule I of the plaint was temporarily acquired and by the authorized staffs of defendants, the earth was cut and removed from R.S. Plot No. 1016 up to 6-7 feet deep which makes the aforesaid land unfit for cultivation. The authorized staffs of defendants also cut and removed the earth from R.S. Plot No. 1068 and 1068/1230 up to 6-7 feet deep and makes the land of these plots unfit for cultivation. She being old and illiterate lady and behind the back of her husband the staffs of defendants came to her house and took her L.T.I. on several papers and paid a sum of Rs. 2133/- only by way of ad interim compensation for the earth cut and removed from R.S. Plot no. 1016 and it was said that Rs. 1827/- was for the crops of one year and Rs. 306/- was paid as compensation. She was not provided the accounts and government rate, no compensation either ad interim or final was paid to her for cutting and removing the earth from R.S. Plot No. 1068 and 1068/1230 as well as for the crops. She was assured that the compensation will be paid but no compensation has been paid to her as yet for those two plots. She claimed that she is entitled to Rs. 2,50,000/-, as per the government rate and circular, by way of compensation for cutting and removing the earth for the construction of Ring Bandh and also for crops damaged and further that the lands become unfit for cultivation. She demanded but in spite of her demand the officer has not paid any heed, resulting the necessity of filing of the suit after serving the notice under Section 80 of the C.P.C. on defendant. The cause of action for the suit arose in the month of December, 1992 the date on demand of payment of the aforesaid amount and also on 07.04.1994 the last date of demand.