Tilak Raj vs Baikunthi Devi (D) By Lrs

3. The relevant facts for disposal of the controversy are as under:

5. Besides certain other land owned by Datta Ram was acquired by the Fertilizer Corporation of India (for short "FCI") during his life time. After his death, a part of that land was re-conveyed in view of the fact that the FCI found that the said acquired land was surplus.

7. Smt. Baikunthi Devi challenged the order dt. 31.8.1982 of Sub Judge, 1st Class, Anandpur Sahib before the Court of Additional District Judge by filing a Civil Appeal. The said appeal was allowed by order dated 7.6.1983 and the Judgment and Decree dated 31.8.1982 passed by Sub Judge, 1st Class, Anandpur Sahib was set aside. The appellate court was of the view Page 4 of 15 5 that property bearing Khasra No. 26R/52 was not mentioned in the earlier suit and the remedy available to the respondent- appellant herein was to move an appropriate application under section 152 of the Civil Procedure Code (for short `CPC'). Regarding other portion of the property, the appellate court was of the view that the same was barred under Order 2 Rule 2 CPC, as claim regarding the said property not having been made in the earlier suit, the appellant was barred from claiming the same in the second suit.

17. We feel that if we direct the appellant to seek remedy under the provisions of Section 152 of the CPC, it will only delay and prolong the litigation between the parties. In order to cut short the litigation and to save precious time of the court as also to give quietus to the entire dispute, we direct in exercise of the powers under Section 152 of the CPC that the decree be corrected by giving the correct Khasra No. 26R/52 in place of Khasra Number 25R/52. Having decided so, in the aforesaid manner, we are not required to go into the arguments advanced before us and adjudicate as to whether Order 2 Rule 2 CPC would be applicable in the facts and circumstances of the present case and whether or not the subsequent suit was barred.

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22. We consequently hold that the appellant will also be entitled to half share of the land which was re-conveyed by the FCI. But since the respondent has made payment of the entire amount which was charged by the FCI for reconveyencing the land, it will be the obligation of the appellant to pay half of the said amount to the respondent. We, therefore, hold that half of the land which was released and reconveyed after finding the same to be in surplus vest on the appellant and a declaration to that effect is made under this order. We also hold that the respondent shall be entitled to receive half of the amount paid to the FCI i.e. Rs. 2023.53 from the appellant. The appellant is directed to pay the above said amount to the respondent within three months from the date of this Order along with simple interest @ 9% per annum to be calculated for the period from the date of payment of the said amount by the respondent to the FCI till the date of payment of the amount by the appellant.

23. We, accordingly in terms of the aforesaid findings and conclusions, hold and allow:

24. In terms of the observations made above, appeals are allowed but without any cost.