STATE OF HIMACHAL PRADESH Vs. DHAMPU

JUDGEMENT

(1.) In connection with the construction of the Pong Dam, the Government had also acquired the land of Dhampu in Tikka Behari, Mauja Dugha, Tehsil De-hra, District Kangra. It appears that he was not satisfied with the award of the Collector and he filed his objections before the Collector for referring the same for adjudication to the Civil Court. The Additional District Judge, it appears, enhanced the award vide his judgment, dated 24th September, 1970.

(2.) The State Government filed an appeal against this judgment of the Additional District Judge enhancing the compensation amount on the reference petition being made by Dhampu claimant. The appeal was filed on 19th December, 1970. On 1st July, 1972, the Advocate-General presented this application CMP No. 365 of 1972. He had stated therein that the claimant-respondent died on 13th February, 1972 as it had now been learnt by him and that he was an oustee from Tikka Behari to whom land had been allotted in Rajasthan. That one Munshi Ram son or Nathu Ram made an application in the Court of Additional District Judge on 11th May, 1972 in the execution proceeding being taken against the appellant in that Court in which he stated that Dhampu had died on 13th February, 1972 and a registered will had been executed by him in his favour on 9th August, 1961 and the compensation money be paid to him. Thereafter a thorough enquiry had to be made regarding the heirs and legal representatives of the deceased and the appellant came to know on 23rd June, 1972 that Dhampu died on 13th February, 1972, leaving behind his dauthers' daughters, namely, Smt. Kala Devi, Smt. Chanchalo Devi and Smt. Kanta Devi alias Gadhoo minor. As the deceased was an oustee therefore, his whereabouts and place of residence were not known to the appellant. Besides, the names and addresses of his legal representatives could be ascertained with extreme difficulty, therefore, he prays for the condonation of the delay in filing the application for bringing the legal representatives of Dhampu in time and tkat the abatement of the appeal be set aside. This application was opposed by the legal representatives of Dhampu. On the pleadings the Court framed the following issues:- 1. Whether the application is within time? 2. Whether there are sufficient grounds for setting aside the abatement?

(3.) The appellant-applicant examined one Shri Gurbaksh Singh, Ziledar of Beas Project at Talwara. ISSUE NO. 1: