O N G C Vs. PATEL VISHNUBHAI ISHWARBHAI

JUDGEMENT

(1.) PRESENT Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the appellant herein original defendant Oil & Natural Gas Corporation Limited (hereinafter referred to as "ONGC") to quash and set aside the impugned judgment and decree dated 30.12.1999 passed by the learned trial Court in Regular Civil Suit No.203 of 1998 by which the learned trial Court has partly decreed the said suit directing the appellant herein original defendant to pay a sum of Rs.34,255/ - with 18% interest from 07.12.1996 and held that the plaintiff is entitled to the yearly rent at the rate of Rs.1000 per Are from 07.12.1997 as well as the impugned judgment and order dated 27.02.2002 passed by the learned Appellate Court i.e. the learned 3rd Extra Assistant Judge, Mehsana in Regular Civil Appeal No.36 of 2000 by which the learned Appellate Court has dismissed the said Appeal preferred by the appellant herein original defendant and confirmed the judgment and decree passed by the learned trial Court.

(2.) THAT the appellant and the respondent herein entered into an Agreement under which it was agreed mutually between the parties to temporary acquire the land bearing survey No.193 of village Patanpura, owned by the respondent herein for a period of one year till the ONGC wishes at the yearly rent of Rs.150 per Are. That the said agreement was entered into on 07.12.1996 for temporary acquisition on terms and conditions as mentioned in the said agreement/kabja pavti. It appears that as the ONGC continued with the possession even after a period of one year, the respondent herein original plaintiff instituted Regular Civil Suit No.203 of 1998 claiming the rent at the rate of Rs.1000 per Are submitting that the earlier kabja receipt/agreement was only for temporary acquisition of the land only for a period of one year at the yearly rent of Rs.150 per Are and not for all time to come and/or as per the wish of the ONGC. It was also prayed to return the possession to the plaintiff, as after a period of one year, the ONGC had no authority to continue with the occupation and possession of the land in question. It appears that in the alternative the plaintiff prayed to pay only rent at the rate of Rs.1000 per Are for the period after completion of one year.

(3.) SHRI R.R. Marshall, learned counsel appearing on behalf of the appellant ONGC has vehemently submitted that both the Courts below have materially erred in not considering the kabja pavti as concluded contract between the parties. It is further submitted that both the Courts below have materially erred in holding that except Section 24 of the ONGC Act, 1959, the ONGC cannot acquire the land by private negotiations. It is further submitted by Shri Marshall, learned counsel appearing on behalf of the appellant that as such the ONGC acquired land temporarily by private negotiations and for a period of one year till the ONGC wishes, on the terms and conditions mentioned in the kabja pavti. It is submitted that though initially the ONGC temporarily acquired the land of the plaintiff by private negotiations for a period of one year at the annual rent of Rs.150 per Are, thereafter, after completion of one year and as the land was further required, the annual rent was increased to Rs.250 per Are after completion of one year i.e. from 07.12.1997 and the plaintiff also accepted the same. It is submitted that temporary acquisition by private negotiations is permissible.