TMI Blog2002 (12) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... in the compensation but admittedly was not a party (the late Sultan Singh himself) either before the Reference Court or the High Court, have filed applications to be impleaded as necessary parties. Since, the predecessor-in-interest of the applicants was himself not a part at any stage of the proceedings before the Courts below, we see no justification to entertain their claim for coming on record at this stage of the proceedings. These unnumbered applications filed by Col. Mohinder Singh Malik and three others are, therefore, rejected. Having regard to the orders passed already, and the fact that the necessary legal representatives of all parties, who died during the pendency of the matters in this Court, have come on record, the benefit of the same will enure to the appellants in C.A.Nos.1027-1028 of 1992. The fact that the applications filed therein, earlier were not pressed and disposed of as such, will not come in the way of those appeals also being heard on merits and disposed of in accordance with law,along with the other appeals. An extent of about 5500 bighas of land described as `gain mumkin Pahar' (uncultivable mountainous area) situated at Masudpur Village withi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may also be stated that the individual claims made by persons other than the Union of India and Gaon Sabha were in respect of specified shares, though over the total extent involved. Award No.2040 dated 1.12.1967 came to be passed in respect of lands covered by the Notification dated 24.10.1961 measuring about 720 bighas and 4 biswas. Since competing claims, though in respect of only their respective shares were made by them to the exclusion of others as far as their shares are concerned, the Land Acquisition Collector while awarding a compensation of ₹ 5,79,932.10, made a reference under Sections 30 and 31(2) of the Act for apportionment of the same to the Court of District Judge. Likewise, in respect of lands acquired under Notification dated 23.1.1965 measuring about 3224 bighas and 2 biswas, Award No.2225 dated 26.3.1969 came to be passed for a sum of ₹ 22,27,867.69 and a similar reference under Sections 30 and 31(2) also came to be made, having regard to the disputed nature of competing claims. Smt. Gulab Sundari, claiming exclusive Bhumidar rights in respect of the entire area, moved applications under Order 1 Rule 10, CPC, for getting impleaded to the proceedi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of Award No.2040) and RFA No.310 of 1980 (arising out of reference in respect of Award No.2225) before the Delhi High Court. Another set of 10 Proprietors seem to have filed RFA No.356 of 1980 (in respect of claims arising out of Award No.2040) and RFA No.357 of 1980 (in respect of claims arising out of Award No.2225) before the Delhi High Court. The Gaon Sabha and Union of India seem to have filed RFA No.340 of 1980 and RFA No.341 of 1980, likewise. It is stated that about 37 Proprietors, who filed claims before the Reference Court, did not pursue their claims by filing any appeals before the High Court and these persons were not parties to the proceedings before the High Court in any other capacity also. It appears that during the pendency of these appeals, about 5 appellants in RFA No.309 of 1980 and RFA No.310 of 1980 died on different dates and there was no attempt to take any steps within time for bringing on record the legal representatives of those five deceased appellants either at the instance of the remaining appellants or the legal heirs of the deceased appellants. On 8.12.1986, the respondents herein seem to have filed applications in RFA Nos.309 of 1980 and 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds and the role of the parties concerned with them would be necessary to highlight the nature of the claims and the need for an effective and objective consideration and determination of the same on merits, in accordance with law. The lands in question, in which the various Proprietors in the village held distinct, separate and independent shares, were leased out on 15.11.1939 by the Proprietors under a Registered Lease Deed in favour of Delhi Pottery Works for a period of twenty years for exploiting minerals. The lands were said to be otherwise not fit or capable of any cultivation. The said lessees seem to have sublet the same on 23.5.1942 in favour of a partnership firm of Kota in Rajasthan, known as Dewan Bahadur Seth Kesari Singh Budh Singh , for the remaining period of seventeen years from 18.4.1942 to 17.4.1959. On 10.5.1951, one Smt. Gulab Sundari claimed to have been inducted as the third partner in the sub-lessee firm and thereafter on 17.10.1951, an alleged dissolution of the partnership was said to have taken place as evidenced by a supplementary deed of dissolution said to have been executed on 27.8.1953 (unregistered) allotting the rights of the partnership firm und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nly those deceased appellants was not accepted by the High Court and on the view that the decree was joint based upon common right and interest, the appeals were rejected in toto, as noticed supra. The proceedings, since had their origin under the Land Acquisition Act, 1894, it is appropriate to notice the nature and purport of the same for a better appreciation of the nature of cause of action. After a firm decision has been taken to acquire the land by issuing a Declaration under Section 6 of the Act, the Land Acquisition Collector, empowered for the purpose, proceed to conduct an enquiry to pass an Award as to (i) the true area of the land covered by the Award; (ii) the total compensation to be allowed for the land and (iii) the apportionment of that compensation among all the persons interested in the land, whether they have appeared before him or not. This Award, in law, is considered to be a mere offer made by the Government to the claimants whose property is acquired. If the same is accepted without protest, the right to compensation will not survive any longer, but if it is not accepted or accepted under protest and a reference is sought under Section 18, the right to re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or that any other than those already before the Court is entitled to the same. So far as the cases on hand are concerned, having regard to the ramification of the Land Reforms Act on the legality, propriety and the tenability of the various claims, it becomes obligatory to consider each of such claims distinctly. The rejection of any one cannot by itself be a justification for sustaining the claim of the other and if none of the private claimants are found to be legally entitled to the same, the Government or for that matter the Local Authority concerned may even be the residual beneficiary, entitled to it. The consideration, therefore, cannot be confined to the claimants before Court but the Court is obliged to find out who really would be entitled to the same, whether a party before it or not. The Reference Court does not seem to have been alive to its onerous responsibilities in these cases and the High Court having rejected the appeals as having abated had no occasion to advert to the question as to whether the adjudication by the Reference Court was in keeping with the requirements of its obligations and the ultimate decision was in conformity with law. This aspect is noticed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22 strike a discordant note with the specific mandate contained in Section 11(1)(iii) and Section 30/31 of the Land Acquisition Act, 1894 which obligates an adjudication on the right as well as the proportion in which the compensation is to be awarded according to his share or entitlement to a person interested, whether or not such person appeared before the authority concerned, and therefore, the rejection of the appeals and that too in toto, cannot be justified in law. All the learned counsel, appearing for all the appellants have highlighted the merits of the case and the necessity to determine the claims on merits in the teeth of the alleged nebulous and insufficient basis of the claim of the so called Bhumidar and her transferees, particularly when according to the appellants there was no effective adjudication of the same and more so when in the earlier proceedings such an issue was specifically left open. We do not propose to advert to them in greater details, in as much as the High Court has not gone into them and, if at all, the judgment of the High Court calls for interference, the matters have to be relegated back to the High Court for deciding the same on merits. Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose applications are said to be of no merit and that the bar under Order 23 Rule 1(4) and Order 22 Rule 9(1) CPC read with Section 141 CPC was also attracted besides the bar of limitation. Reliance has been placed in this regard on the decisions reported in Saguja Transport Service vs. State Transport Appellate Tribunal, M.P. Gwarlior Ors. [1987(1) SCC 5] and Renen Roy vs. Prakash Mitra [1998(9) SCC 689]. Strong reliance has also been placed on the decision of the Constitution Bench of this Court reported in Ram Sarup vs. Munshi Ors. [1964(3) SCR 858], in support of the stand that where a decree is a joint one and a part of the decree has become final by reason of abatement the entire appeal must be held to be abated. The further plea on behalf of the respondents was the impleadment of the legal representatives in the other batch of appeals cannot be of any assistance to deem their impleadment in the cases where no steps have been taken or where steps have been attempted but not resulted in any actual order to so implead them and that the appellants cannot approbate and reprobate to take different or opposite stands. The abatement being automatic takes effect ipso facto and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther respondents, though courts at times have held that in certain circumstances, the appeals against the co- respondents would also abate, as a result of the abatement of the appeal against the deceased respondent. Indicating that it would be incorrect to state that the appeal abated in such circumstances, this court observed that the appeal in certain circumstances even against the respondent other than the deceased, would be rendered not possible to be proceeded with further and therefore the court would refuse to deal with the appeal further and dismiss it. This Court, proceeding further observed as follows: The question whether a Court can deal with such matters or not, will depend on the facts of each case and therefore no exhaustive statement can be made about the circumstances when this is possible or is not possible. It may, however, be stated that ordinarily the considerations which weigh with the court in deciding upon this question are whether the appeal between the appellants and the respondents other than the deceased can be said to be properly constituted or can be said to have all the necessary parties for the decision of the controversy before the Court. The te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the joint right decreed in his favour. The abatement of an appeal means not only that the decree between the appellant and the deceased respondent has become final, but also, as a necessary corollary, that the appellate Court cannot, in any way, modify that decree directly or indirectly. The reason is plain. It is that in the absence of the legal representatives of the deceased respondents, the appellate court cannot determine anything between the appellant and the legal representatives, which may affect the rights of the legal representatives under the decree. It is immaterial that the modification which the court will do is one to which exception can or cannot be taken. This Court, noticed the peculiar facts in that case to come to the conclusion that the decree was joint in nature, in favour of both brothers and that in the absence of one of the joint decree-holders due to his death and omission to bring on record the legal representatives, the State cannot get rid ofthe joint decree and therefore the State appeal against Nathu Ram alone cannot be proceeded with. The salient features noticed therein which weighed with this Court are that the lease of the land was joint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se and the frame of the appeal, will take colour from the nature of the decree challenged; (d) where the dispute between two groups of parties centred around claims or based on grounds common relating to the respective groups litigating as distinct groups or bodies the issue involved for consideration in such class of cases would be one and indivisible; and (e) when the issues involved in more than one appeals dealt with as group or batch ofappeals, which are common and identical in all such cases, abatement of one or the other of the connected appeals due to the death of one or more of the parties and failure to bring on record the legal representatives of the deceased parties, would result in the abatement of all appeals. Strong reliance has been placed for the respondents on the decision of aConstitution Bench of this Court reported in Ram Swarup vs. Munshi Ors. [1963(3) SCR 858]. That was a case wherein the owner of certain agricultural lands in Punjab sold the same to one of the respondents on 12.12.1957 and the son of the vendor claiming to be entitled to a right of pre-emption instituted a suit against the purchaser relying upon Section 15(a) of the Punjab Pre-emption A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal must be held to be abated. It is not necessary to cite authority for so obvious a position but we might refer to the decision of this court in Jhanda Singh v. Gurmukh Singh (deceased)1. The result is that the appeal fails as having abated and is dismissed with costs. (Emphasis supplied) The right sought to be asserted in this case was considered to be single and joint, though on behalf of more than one. The appellants relied heavily upon the decision reported in Harihar Prasad Singh Others vs. Balmiki Prasad Singh and Others [1975(2) SCR 932] rendered by a Bench of three learned Judges. The suit therein came to be filed by the plaintiffs claiming to succeed to the estate of one R, a Bhumihar Brahmin on the basis of a special custom of the family to which te parties belonged, though under the ordinary Hindu Law they would not be entitled to succeed to the estate of R being related to him in distant degree. The custom was sought to be substantiated by proving 52 instances of its observance. The trial court decreed the suit holding the custom to be in force on the proof of 49 such instances. The defendants filed three appeals getting themselves divided into three groups. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d appellant or respondent is represented. This is not a case where no legal representative of Manmohini was on record. As we have already pointed out, in this case each one of the plaintiffs could have filed a suit for his share of Ramdhan Singh's estate. The fact that all the reversioners joined together as plaintiffs and filed one suit does not mean that if for one reason or other the suit of one of them fails or abates the suit of the others fails or abates. The decree is in substance the combination of several decrees in favour of several plaintiffs. If in an appeal against the decree one of the plaintiffs is not added as a respondent, it only means that the decree in his favour cannot be set aside or modified even if the appeal succeeds against other plaintiffs in respect of their interest. There would in that case be no conflict between the decrees as the decree is a combination of many decrees. In other words the result of the failure to add Nirsu Prasad Singh as a respondent in F.A. 332 and F.A. 333 would be that the decree granted in his favour by the Subordinate Judge would stand but not the decrees granted in favour of the other plaintiffs. They can be reversed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would not necessarily be the same. The claim also was for a separate allowance for each of them and not for an amount jointly claimed by them all. It would seem that in the light of such a separate claim for each of the five workmen the dispute referred to the Tribunal was worded as follows: Should the employers be required to pay House Allowance to the workmen, named in the Annexure? If so, from which date and with what other details? The words from which date and with what other details were used because the date from which allowance was claimed and would be payable, if the award went against the company, would be the respective date of appointment of each of them. The claimants were the five workmen named in the annexure to the reference i.e. the workmen then employed in the Watch Ward department and not those who in future would be appointed by the company. It is thus clear that the claim was a separate one by each of the five workmen and not a joint claim in respect of a joint right. The award of the Tribunal also is not for one amount jointly claimed or jointly payable. The operative part of the award is in the following words: I, therefore, award that a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ollector empowered under the Act to pass the Award was not only obliged to, among other things, determine the total compensation to be allowed for the land but also apportion the said compensation among all the persons interested in the land depending upon their respective interests proportionately, whether they have appeared or not before him. If any dispute arises as to the apportionment of the compensation or any part thereof or as to the persons to whom the same or any part thereof is payable, the Land Acquisition Collector is obliged to refer such dispute to the decision of the Court. If the amount could not be disbursedat his level due to any one or the other reasons set out in Section 31, the amount has to be deposited in the Court to which normally a reference would be submitted. The claim of each one was in respect of his distinct, definite and separate share and their respective rights are not inter-dependant but independent. Among themselves there is no conflicting or overlapping interest and the grant of relief to one has no adverse impact on the other(s). The mere fact that there was no division by metes and bounds on state of ground is no reason to treat it to be a jo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law nor well founded on the facts and circumstances of these cases.Even if the appellants succeed on merits, dehors the fate of the deceased appellants, the decree passed cannot either said to become ineffective or rendered incapable of successful execution. To surmise even then a contradictory decree coming into existence, is neither logic nor reason or acceptable by Courts of Law. Otherwise, it would amount to applying the principle of vicarious liability to penalize someone for no fault of his and denial of ones own right for the mere default or refusal of the other(s) to join or contest likewise before the Court. The fact that at a given point of time all of them joined in one proceedings because one Court in the hierarchy has chosen to club or combine all their individual and separate claims for purpose of consideration on account of the similarity of the nature of their claims or that for the sake of convenience they joined together for asserting their respective, distinct and independent claims or rights is no ground to destroy their individual right to seek remedies in respect of their respective claims.In cases of the nature, there is every possibility of one or the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rious manner it would otherwise jeopardize an effective adjudication on merits, the rights of other remaining appellants for no fault of them. Interests of justice would have been better served had the High Court adopted a positive and constructive approach than merely scuttle the whole process to foreclose an adjudication of the claims of others on merits. The rejection by the High Court of the applications to set aside abatement, condonation and brining on record the legal representatives does not appear, on the peculiar nature of the case, to be a just or reasonable exercise of the Court's power or in conformity with the avowed object of Court to do real, effective and substantial justice. Viewed in the light of the fact that each one of the appellants had an independent and distinct right of his own not inter- dependant upon the one or the other of the appellants, the dismissal of the appeals by the High Court in their entirety does not constitute a sound, reasonable or just and proper exercise of its powers. Even if it has to be viewed that they had a common interest, then the interests of justice would require the remaining other appellants being allowed to pursue the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ramditta, by name Gurdas, was taken in adoption by one Mihan, the paternal uncle of his father. The other son Labhu died possessed of agricultural land of an extent of 56 kanals and 6 marlas, leaving behind his widow, who also died in 1945. The two grandsons of another paternal uncle of Ramditta (Jiwa and Gurmukh Singh) filed a suit against Gurdas before the Sub-Court for a declaration that they were in proprietary possession of an half share in the said land and in the alternative for possession of the same stating that since Gurdas was adopted by Mihan, he ceased to have any interest in the properties of his brother Labhu, in the capacity as brother, and, therefore, the plaintiffs also are entitled to an half share with Gurdas. Gurdas pleaded that his adoption was only as an appointed heir under the customary law according to which he does not lose his rights to succeed in the natural family. The suit was decreed by the Trial Court and the First Appellate Court also dismissed the appeal against the same. In the appeal before the High Court, the plea on behalf of Gurdas was upheld and the suit was dismissed. But in further appeal under LPA, the Division Bench agreed with the jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondents inter se and ultimately came to the conclusion that Indeed, this Court definitely held that evenspecification of shares does not affect the nature of the decree. On that view of the matter, the Bench specifically declined to consider in detail the other line of decisions placed before them. In Nathu Ram's case (supra), the original claim as projected before the Arbitrator itself was found to be a joint one in respect of the land acquired, apparently the same being a claim for merely an enhanced compensation,unlike the present case before us where the further claim before the Land Acquisition Collector as well as the Reference Court were as to the separate and independent shares of each of their own. This is clear from the observation in Nathu Ram's case (supra) that, Their claim was a joint claim based on the allegation that the land belonged to them jointly. The Award and the joint decree are on this basis and the Appellate Court cannot decide on the basis of the separate shares . The assumption in Jhanda Singh's case (supra) as though this Court in Nathu Ram's case, as a matter of general principle held that specification of shares does not affect th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uits all the landholders were necessary parties. It was therefore held that as in the appeals before this Court the landholders claimed the same relief, which they sought in the trial court and in those appeals also Singheshwar Singh and Kaushal Kishore Prasad Singh, were necessary parties, in the absence of their legal representatives the appeals were not maintainable. It would be seen that the two appellants whose legal representatives were not added as parties were parties in all the four suits and in all the four appeals and the question was a common question to which all the landholders were necessary parties. As we have explained earlier that is not the position here. The decision in Kishan Singh Ors. v. Nidhan Singh Ors. (C.A.No.563 of 1962 decided on 14-12- 1964) and the statement of law laid down by this Court therein in the following terms : Mr. Bishan Narain points out that in substance, the present suit is between the landholders on the one hand and those who claimed to be occupancy tenants on the other. It is true that the plaint alleges that the occupancy rights were extinguished on the death of the last occupancy tenant Narain Singh, but that has been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of the appeal(s) against the co-respondents of the deceased respondent and it was specifically observed therein that to say that the appeals against them also abated in certain circumstances is not a correct statement. It was held that the appeals against such other respondents cannot be proceeded against and, therefore, had to be dismissed, in certain circumstances. But, in our view also, as to what those circumstances are to be, cannot be exhaustively enumerated and no hard and fast rule for invariable application can be devised. With the march and progress of law, the new horizons explored and modalities discerned and the fact that the procedural laws must be liberally construed to really serve as handmaid, make it workable and advance the ends of justice, technical objections which tend to be stumbling blocks to defeat and deny substantial and effective justice should be strictly viewed for being discouraged, except where the mandate of law, inevitably necessitates it. Consequently, having regard to the nature of the proceedings under the Act and the purpose of reference proceedings and the appeal therefrom, the Courts should adopt a liberal approach in the matter of c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for this reason any standardised formula was avoided and matter left for the consideration of Courts, on the peculiar nature of the cases coming for determinatio. Having regard to the peculiar facts and circumstances noticed by us that the claimants appellants have each their own distinct, separate and independent rights, the principles enumerated in Harihar Prasad's case (supra) and Indian Oxygen Ltd. case (supra) squarely apply with all force. The appeals even dehors the claims of the deceased and others who have not chosen to approach the High Court or this Court, were neither rendered incapable of consideration nor impossible of according any relief or could be held difficult to enforce the decree that may be passed, in favour of the remaining appellants without suffering the vice of inconsistency. Even if it is likely to result in two different sets of judgments of varying content, purport or reason, as long as the enforcement of the decrees passed therein are not rendered impossible due to mutual contradiction in terms of self-destructive nature,there is no justification whatsoever to assume them to be inconsistent or contradictory decrees, at all. The mere fact that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the decree passed by the Court thereon is to be viewed in substance as the combination of several decrees in favour of one or the other parties and not as a joint and inseverable decree. The same would be the position in the case of defendants or respondents having similar rights contesting the claims against them. (2) Whenever different and distinct claims of more than one are sought to be vindicated in one single proceedings, as the one now before us, under the Land Acquisition Act or in similar nature of proceedings and/or claims in assertion of individual rights of parties are clubbed, consolidated and dealt with together by the Courts concerned and a single judgment or decree has been passed, it should be treated as a mere combination of several decrees in favour of or against one or more of the parties and not as joint and inseparable decrees. (3) The mere fact that the claims or rights asserted or sought to be vindicated by more than one are similar or identical in nature or by joining together of more than one of such claimants of a particular nature, by itself would not be sufficient in law to treat them as joint claims, so as to render the judgment or decree passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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