- (1.) In this letters patent appeal it is unnecessary to delate on the facts because the same is plainly governed by the Division Bench judgment in Piare Lal v. Col. H.H. Raja Sir Harinder Singh Brar Bans Bahadur Rule of the Former Faridkot,1979 PunLR 468. Therein this very judgment which is not under appeal came up for consideration and the Bench held as follows :- He could not advance any argument worth the name to support the decision in Behari Lal v. Col. H.H. Raja Sir Harinder Singh Brar Bans Bahadur and others, 1977 PunLJ 189. With all respect we, therefore, hold that Behari Lal's case is not correctly decided and is directly opposed to the plain reading of Section 18(2). Accordingly, we decided that the landowner would be entitled to 3/4th value of the land determined on the basis of the average of the prices obtaining for similar land in the locality during 10 years immediately preceding the date of acquisition, that is, July 24, 1963, out of the compensation fixed in the land acquisition proceedings and the whole of the remaining compensation would go to the appellant-tenant." In view of the above Mr. K.C. Puri learned counsel for the appellant, has faintly sought to challenge the correctness of the above-quoted judgment but has been unable to point out anything which could possibly persuade us to take a different view.
(2.) Accordingly this appeal is allowed in the same terms as in Piare Lal's case . Herein also neither the Collector nor the Additional District Judge looked at the case from proper perspective and failed to take notice of Section 18(2) of the Punjab Security of Land Tenures Act, and consequently there is no option for us but to remand the case to the Additional District Judge, Gurgaon, to determine the value of the land on the basis of the average of the prices obtaining for similar land in the locality during 10 years immediately preceding February 3, 1961, in accordance with Section 18(2) of the Act. After this is done, 3/4th of the value so determined by him would be paid to the landowner-respondent out of the compensation assessed under the land acquisition proceedings and the entire balance amount of compensation to the appellant-tenant. Besides the respective compensation which would be payable to the tenant and the landlord on apportionment, they would be entitled to 15 per cent solatium and interest at the rate of 4 per cent from the date of taking possession till June 30, 1967 and thereafter till the date of payment at the rate of 6 per cent. The appellant would be entitled to costs from respondent No. 1. Counsel fee Rs. 200/-. I.S. Tiwana, J. - I agree.;