Supreme Court - Daily Orders
Des Raj (D) Thr. Lrs. vs Gram Panchayat, Dadam on 11 July, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.6393-6394 OF 2014
(Arising from SLP(C) Nos.17965-17966/2014 @ CC 9139/2014)
Des Raj(deceased) through Lrs. ..Appellants
versus
Gram Panchayat, Dadam ..Respondent
O R D E R
Delay condoned.
Leave granted.
Learned counsel for the appellants states that the amount of mesne profits imposed by the High Court is excessive, and that the land admittedly is a ’Tibba’. We are, prima facie, in agreement with the submission made by the learned counsel for the appellants.
In the facts and circumstances of the case, we hereby set aside the amount of mesne profits, which were directed by the High Court, to be paid by the appellants, and substitute the same by a sum of Rs.2,50,000/-(rupees two lakhs fifty thousand only). The same shall be paid by the appellants to the Gram Panchayat, Dadam within four weeks from today.
It needs to be recorded, that we are not issuing notice to the respondent-Gram Panchayat, Dadam, even though we have Signature Not Verified partly accepted the prayer made by the appellants, on account of Digitally signed by Parveen Kumar Chawla Date: 2014.07.15 17:45:16 IST Reason: the expenses which the Gram Panchayat will have to incur in contesting the instant appeals. However, if the Gram Panchayat 2 is of the view that additional mesne profits, need to be paid by the appellants, besides that which have been awarded by us, we permit the respondent-Gram Panchayat, Dadam, to move an interlocutory application before this Court for seeking enhancement of mesne profits.
The appeals are disposed of in the above terms.
.........................J. [JAGDISH SINGH KHEHAR] NEW DELHI; .........................J. JULY 11, 2014. [R.K. AGRAWAL] 3 ITEM NO.17 COURT NO.7 SECTION IVB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C)......CC No(s). 9139/2014 (Arising out of impugned final judgment and order dated 19/12/2013 in CM No. 13097/2013 in RSA No. 741/1990 and in RSA No. 741/1990 passed by the High Court Of Punjab & Haryana At Chandigarh) DES RAJ (D) THR. LRS. Petitioner(s) VERSUS GRAM PANCHAYAT, DADAM Respondent(s) (with appln. (s) for c/delay in filing slp and office report) Date : 11/07/2014 These petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON’BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Bankey Bihari ,Adv.
Mr. B.S. Maan, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeals are disposed of in terms of the signed order.
(Parveen Kr. Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar [signed order is placed on the file]