Khairati and Others vs He Land Acquisition Officer, UIT and Others

H.R. Panwar, J.—By the instant appeal u/s 54 of the Land Acquisition Act, 1894 (for short ''the Act'' herein after), the plaintiffs-appellants have challenged the order dated 21.03.95 passed by the District Judge, Ajmer (for short ''the trial Court'' herein after), whereby the application u/s 31 read with Section 18 of the Act came to be dismissed.

Heard Counsel for the parties.

Learned Counsel for the respondents submits that the plaintiffs-appellants have filed a regular S.B. Civil First Appeal No. 173/1991 against the judgment and decree dated 05.07.1991 passed in Civil Suit No. 63/89 by the Additional District Judge No. 2, Ajmer which came to be dismissed by the judgment dated 25.03.96. A copy of the decision of this Court in S.B. Civil First Appeal No. 173/1991 has been placed on record.

Learned Counsel for the respondents further submits that the respondents are the owner of the property which was acquired and they became owner by way of sale certificate issued in their favour as the property at the relevant point of time was evacuee property and till date the sale certificate stands in favour of the respondents.

Learned Counsel for the respondents also submits that after the decision of Civil First Appeal No. 173/1991, nothing survives in the instant appeal.

It appears that while dismissing the appeal being S.B. Civil First Appeal No. 173/1991 and affirming the judgment and decree dated 05.07.1991, the plaintiffs-appellants were granted liberty to approach the competent authority for seeking such relief as he may be so advised in accordance with law. Thus while dismissing the appeal, liberty was granted to the plaintiffs-appellants to approach the competent authority if they feel aggrieved by the grant of certificate of evacuee property. Now appeal has been preferred before the Division Bench.

Be that as it may, so far as the instant appeal is concerned, at this stage, nothing survives in the appeal in view of the judgment passed in S.B. Civil First Appeal No. 173/1991 and if the plaintiffs- appellants approach the competent authority for seeking any relief with regard to the sale certificate in respect of evacuee property which is subject matter of the suit and if succeeds, it will be open for the plaintiffs-appellants to seek appropriate relief thereon. If this point is considered by the Division Bench in the appeal and if the appellants succeed in the Division Bench, the order of this appeal will be subject to the decision of the Division Bench.

The appeal, at this stage, is dismissed as nothing survives in the appeal after decision of the S.B. Civil First Appeal No. 173/1991.