STATE OF J&K Vs. JANKI DEVI

JUDGEMENT

(1.) THIS Civil Second Appeal has been preferred against the judgment and decree, dated: 27 -10 -1998 whereby learned District Judge, Kathua has partly upheld the judgment and decree and modified it to the extent that the defendants shall be liable to pay compensation as per market value of the suit land prevalent in the year 1993 as per their shares of disputed land which shall be determined by the Appellant after holding relevant proceedings.

(2.) ISHAR Dass was the allottee of the land bearing Survey No.11 measuring 3 kanals situate in village Kathua. He died in the year 1987. Mutation came to be attested in favour of plaintiff -respondent.

(3.) APPELLANTS commenced construction of Sub Health Centre in the disputed land in the year 1993 and completed it accordingly. Plaintiff resisted the defendants but they promised to pay compensation to the plaintiff -respondent which was not paid in due course. Plaintiffs instituted a suit seeking mandatory decree for payment of compensation at market rate of the land in dispute. Defendants resisted the claim of the plaintiffs on the ground that the land is in their possession since 1956 and no promise was held out for payment of compensation. The trial court on pleadings of the parties framed the following issues: -