STATE OF BIHAR Vs. NEMDHARI SINGH

JUDGEMENT

(1.) Defendants preferred second appeal before this Court.

(2.) The plaintiffs filed the suit for recovery of Rs. 4,240 as compensation for the acquisition of 53 palm trees and Rs. 1992.80 paise as interest against the defendants. The case of the plaintiffs was that plots Nos. 845, 845/2103, 306, 308 and 296 appertaining to khata Nos. 187, 190 and 265 in village Pabra Tauzi No. 1104, Pargana Bhusadi, Sub-division Begusarai, District Monghyr, were acquired by the State of Bihar under the provisions of the Land Acquisition Act (hereinafter referred to as 'the Act'). The State of Bihar paid compensation for acquisition of these plots on 13-4-1060. There were 53 trees standing on these plots. The case of the plaintiffs further was that the defendants had cut these 53 palm trees standing on these plots on 15-4-1955. It is also clear from the certificate given by the Sub-Divisional Officer of Waterways, Manjhaul, dated 15-4-1955 (Ext. 1). Exhibit 1 suggested that in total 53 palm trees were cut off from the above-mentioned plots numbers which belonged to Bindeshwari Prasad Singh (plaintiff-respondent No. 2 before this Court). It is also clear from Exhibit 2, that the plaintiffs demanded compensation in respect of these 53 palm trees. Exhibit 2 is a complaint written by Bindeshwari Prasad Singh dated 11-1-1960 to the Executive Engineer, Waterways Division, Rosera, In that complaint it is mentioned that he has not been paid compensation in respect of the acquisition of these 53 palm trees. The Sub-divisional Officer, Waterways of Khagaria Division wrote a letter (Ext. 4) to Bindeshwari Prasad Singh on 12-10-1961 stating therein that he had suggested to the Executive Engineer, Waterways, Khagaria to give compensation to him in respect of these palm trees. Before filing the suit, the plaintiffs also gave a notice under Section 80 of the Civil P. C. (Ext, 5) to the State of Bihar through the Collector, Monghyr (defendant-appellant No. 1 before this Court). In the notice it was mentioned that the plaintiffs had received the compensation in respect of the above mentioned plots on 13-4-1960. After serving proper notice on the State of Bihar, the suit was filed on 16th February, 1963. 2-A. Both the courts below have concurrently held that the plaintiffs are entitled to get compensation from the defendant-respondents. In other words, both the courts below decreed the plaintiffs suit.

(3.) In the present case, learned counsel appearing for the appellants raised only two points:-- 1. Whether the suit is maintainable? 2. When the right to sue accrues to the plaintiffs?