SUNDER LAL versus PARAMSUKBDAS

SUNDER LAL versus PARAMSUKBDAS

A person who claims an interest in the compensation awarded under the Land Acquisition Act, even if not interested in the acquired land itself, is a 'person interested' and entitled to be made a party to reference proceedings before Civil Court; the High Court's revision under s. 115 C.P.C. is competent in such circumstances.

Parties
Appellant: Sunderlal; Respondent No. 1: Paramsukhdas; Respondent No. 3: R. H. Dhebar
Jurisdiction
India
Judgment Date
25 August 1967
Procedural Posture
Civil Appeal / Appeal From Bombay High Court, Nagpur Bench, Judgment in Civil Revision Applications Nos. 294 and 295 of 1962
Outcome
Appeal dismissed
Legal Topics
Compensation Apportionment, Persons Interested Under Land Acquisition Act, Revision Jurisdiction Under Code of Civil Procedure
Land Acquisition Compensation Apportionment Persons Interested Under Land Acquisition Act Revision Jurisdiction Under Code of Civil Procedure

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Parties

Sunderlal

Appellant

Paramsukhdas

Respondent No. 1

R. H. Dhebar

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal From Bombay High Court, Nagpur Bench, Judgment in Civil Revision Applications Nos. 294 and 295 of 1962

Legal Issues

  1. 1 Whether a person interested in compensation but not in land is entitled to be made a party to a reference to Civil Court under Land Acquisition Act
  2. 2 Scope of revisional jurisdiction under Code of Civil Procedure s. 115

Ratio Decidendi

A person who claims an interest in the compensation awarded under the Land Acquisition Act, even if not interested in the acquired land itself, is a 'person interested' and entitled to be made a party to reference proceedings before Civil Court; the High Court's revision under s. 115 C.P.C. is competent in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • Paramsukhdas to be impleaded as a party to the reference proceedings before Civil Judge, Akola.
  • Matter remitted to Civil Judge, Akola, for fresh decision on merits with all parties entitled to amend their pleadings.