M/s Rajpura Gas House.. v. Sh. B.S.Koli
2009(3) LAW HERALD (P&H) 2463
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
FAO No.3620 of 2008
M/s Rajpura Gas House (Indane LPG Distributor) Rajpura
v.
Sh. B.S. Koli & Anr.
{Decided on 20/03/2009}
For the Appellant: Mr. Amit Jhanji and Mr.Pankaj Katia, Advocates.
For the Respondents: Mr. Ashish Kapoor, Advocate.
Limitation Act, 1963, S.14 and 5--Arbitration and Conciliation Act, 1966 S.34--Condonation of delay--Award of arbitrator--Exparte--Sought to be set aside--Delay of 839 days in filing application for setting aside award--Delay due to party prosecuting remedy before wrong forum on a wrong advice of counsel--Delay condoned under Section 14 of limitation Act.
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Dharamvir v. The Union of India through S.M....
2009(3) LAW HERALD (P&H) 2468
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
FAO No.975 of 1988
Dharamvir
v.
Union of India through Secretary Ministry of Defence, New Delhi & Ors.
{Decided on 01/05/2009}
For the Appellant: Mr.R.S. Manhas, Advocate.
For UOI/respondents: Mr.Rajiv Sharma, Advocate.
(A) Requisitioning and Acquisition of Immoveable Property Act, 1952, S.7, 8--Acquisition of land for defense purpose--Determination of compensation amount--Mode of--Collector assessed compensation--Claimants sought appointment of an arbitrator to determine amount of compensation payable--Arbitrator assessed compensation at Rs. 200per marla--Appeal for enhancement--Plea of sale of land on higher rates--Compensation of claimants enhanced to Rs. 350 per Marla.
(B) Requisitioning and Acquisition of Immoveable Property Act, 1952, S.7, 8–Defense of India Act, 1971--Solatium--Payment of interest on equitable grounds--Land acquired for defense purposes in 1970--Collector assessed compensation--Claimants sought appointment of an arbitrator to determine amount of compensation payable--Arbitration assessed compensation at Rs. 200per Marla--Also awarded 30% solatium and interest @ 9%per annum for first year from date of taking possession and @ 15% per annum for subsequent years--Grant based on case law decided by High Court--Since been overruled--Finding set aside--Claimants entitled to 6%interest and annum.
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Lajja Ram & Ors. v. Rati Chand & Ors.
2009(3) LAW HERALD (P&H) 2471
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Hemant Gupta
R.S.A.No.4041 of 2007 & R.S.A.No.2552 of 2008
Lajja Ram & Ors.
v.
Rati Chand & Ors.
{Decided on 12/08/2009}
For the Appellants: Mr. P.L. Verma, Advocate.
For the Respondent Nos.1 to 3: Mr. S.K.Rana, Advocate.
For the Respondent No.5: Mr. Kulvir Narwal, Addl. AG, Haryana.
For the Appellants in RSA No.2552 of 2008: Mr. P.L.Verma, Advocate.
For the Respondent Nos.1 to 8 in RSA No.2552 of 2008: Mr. S.K.Rana, Advocate.
(A) Punjab Village Common Lands (Regulation) Act, 1961, S.4--Bhondedar--Alienation--Proprietors challenging alternation by bhondedar--Bhondedar could continue in possession of land in dispute till such time he carried out duties of his office--Once he failed to discharge duties attached to his office he ceases to be bhondedar and property reverse back to proprietors--Thus, proprietor rightly found entitled to impugned decree suffered by Bhonedar and subsequent sale deed executed by him. (P.14)
(B) Punjab Village Common Lands (Regulation) Act, 1961, S.4--Shamlat Deh--Bhondedar--Land recorded in possession of Bhondedar--Does not vest in Panchayat--Therefore, decree of ownership in favour of Bhondedar cannot be granted against Gram Panchayat. (P.16)
(C) Punjab Village Common Lands (Regulation) Act, 1961, S.4--Sale deed--Setting aside of--Sale deed executed by Bhondedar even though he had no title or interest to sell--Such sale deed will not confer a valid title in favour of purchases--Sale deed without title of vendor can be ignored even in collateral proceedings by proprietors. (P.18)
(D) Limitation Act, 1963, Art.38 & 59--Sale deed--Setting aside of--Limitation--Sale by incompetent person without having title--Period to set aside sale deed will commence when such sale became know to plaintiff. (P.19)
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