Law:

Section:

Land Acquisition Act (I of 1894)--- ----S.18---Land acquisition---Reference--- Limitation--- Contention of plaintiff was that he was paid compensation of less land compared to what was acquired by the Government---Suit was decreed concurrently---Validity---Present suit was with regard to measurement of land and not for determination of title---Measurement of land was a question to be determined by the Referee Court---Plaintiff must have approached the said forum---Claim of plaintiff was for compensation amount for acquisition and limitation for the same was less than the period provided for a suit for declaration---Plaintiff had instituted suit just to avoid limitation provided for getting reference proceedings initiated---Present suit was not only incompetent but was also time barred---Plaintiff had only remedy to challenge the subject measurement of land before the Referee Court and nowhere else---Findings recorded by the courts below were result of mis-reading of evidence as well as ill-appreciation of relevant laws---Impugned s and decrees passed by both the courts below were set aside---Revision was allowed in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, JUSTICE:---.--- Petitioners/defendants have assailed judgment/decree dated 16-04-2015 of the District Judge Gilgit and judgment/decree dated 14-12-2013 of the Civil Judge First Class No. 1 Gilgit. So, the findings of the two courts below are concurrent. I have noted that the trial court has passed impugned decree dated 14-12-2013 in Civil Suit No. 162-A/2002, while the learned District Judge has confirmed the same through impugned order dated 16-04-2015, in Civil Suit No. 07/2014, although the words "Civil First Appeal" are found written in the heading of the impugned order. 2. Respondent/plaintiff filed suit, wherein, he pleaded that his lands measuring 7 marlas came in construction of a link road in Amphary Gilgit. Petitioners/defendants passed award No. SO(R)-1/786-88/98 dated 20-06-1998 (Exh.P/3) and paid compensation of 3 marlas lands of the respondent, instead of paying compensation of 7 marlas lands. Respondent received the so assessed compensation of Rs.58,650/- without getting endorsed any…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492