TARA CHAND Vs. STATE

JUDGEMENT

(1.) INSTANT second appeal has been filed by plaintiff -appellant assailing judgment & decrees of learned trial Judge and also of learned first appellate court. Both the courts below have disallowed the claim of plaintiff -appellant.

(2.) PLAINTIFF -appellant filed a suit for permanent injunction, particularly, in relation to Khasra No. 309 measuring 2 bighas 8 biswas, which was recorded in his name in revenue record. Respondent -defendants in their written statement placed on record the documents to show that Khasra No. 309 along with other khasras, of which reference has been made in the written statement, was acquired after holding acquisition proceedings in accordance with law and at the relevant point of time Thikana Achrol was shown to be the khatedar in revenue records and documents annexed thereto also show that compensation was paid to the concerned land holders. So far as present appellant is concerned, for the first time, his name was recorded in revenue records after decree passed in his favour on 6th December, 1972, much before acquisition proceedings finally culminated and land vested with the government. It has also come on record that road has been constructed passing through Khasra No. 309. Issue No. 3 was with respect to payment of compensation of the land, which was acquired, was taken note of by learned trial Judge and after taking into consideration the material, both the courts below recorded finding that compensation was paid and land was finally vested with the government. Consequently prayer of permanent injunction prayed for by the appellant was disallowed by both the courts below.

(3.) CONSEQUENTLY , the appeal fails and is hereby dismissed. Record be sent back to trial court.