- (1.) This order of mine will dispose of Civil Revision Nos. 735 and 1139 of 1992 which have arisen out of a common judgment passed by Additional Judge, Kurukshetra, dated 20.2.1992. Civil Revision No. 735 of 1992 has been preferred by Joginder Singh whereas Civil Revision No. 1139 of 1992 has been preferred by Bachan Ram alias Bachan Singh.
(2.) *Bachan Singh was declared to be owner in possession of land mentioned below, in a decree passed in Civil Suit No. 41 of 1982 on 23.1.1982 :- "(a) Agricultural land measuring 6 kanals 17 marlas i.e. 1/3rd share of total land 20 kanals 10 marlas vide khewat No. 11, khatoni No. 19 to 21 situated at village Ratgal, Tehsil Thanesar, District Kurukshetra vide jamabandi 1977-78. (b) Land measuring 18 K. 7 M i.e. 1/3rd out of total land 55 kanals 1 marla comprising in khewat No. 77, khatoni Nos. 155 to 158 situated at village Ratgal, Tehsil Thanesar, District Kurukshetra vide jamabandi for the year 1977-78. (C) Land measuring 1 kanal 16 marlas i.e. 1/6th share out of total land 10 kanals, 13 marlas vide in khewat No. 78, khatoni No. 159 situated at village Ratgal Tehsil Thanesar, District Kuruskhetra vide jamabandi 1977-78. (d) Land measuring 5 kanals 3 marlas i.e. 1/6th share out of total land measuring 30 kanals 17 marlas comprising in khewat No. 101, Khatoni Nos. 198 to 200 situate in the revenue estate of village Ratgal, Tehsil Thanesar, District Kuruskhetra, vide jamabandi for the year 1977-78. (e) Land measuring 3 kanals i.e. 1/3rd share out of total measuring 9 kanals vide khewat No. 113 khatoni No. 249 to 250." The aforesaid land along with other land was acquired by the State of Haryana. The compensation was deposited. Bachan Singh filed application for receiving compensation. Petitioner in Civil Revision No. 735 of 1992 filed objection petition wherein he stated that Bachan Singh is not entitled to the compensation. Trial Court decided the objection and Bachan Singh was allowed to withdraw a sum of Rs. 9,44,409.70 approximately 8/9th share of the total amount of Rs. 10.62,459.70. The trial Court, prima facie, was of the view that there is dispute between the parties with regard to the 1/9th share.
(3.) Before this Court, learned counsel for the parties agree that Bachan Singh is entitled to receive compensation of the land which was given to him vide Civil Court decree dated 23.1.1982. In view of this stand, Bachan Singh petitioner shall be entitled to receive compensation of the land forming part of the Civil Court decree which was passed in Civil Suit No. 41 of 1982. The payment made to him shall be without prejudice to the rights of the petitioner in civil suit which is stated to be pending between the parties. The order of the Executing Court is modified to the extent indicated above and the civil revision is disposed of accordingly.;