Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6000 OF 2009
The Market Committee Hodal
Through its Secretary ... APPELLANT(S)
VS.
Sukhdevi & Ors.
Smt. ... RESPONDENT(S)
JUDGMENT
Anil R. Dave, J.
1. Heard learned counsel for the parties.
2. A short question involved in this appeal is with
regard to the possession of Kill Nos.13/4 and 14/1 of
Rectangle No.226 situated at Patti Tihav, Hodal.
3. A suit had been filed by the respondents for
JUDGMENT
possession against the present appellant. The suit
had been decreed and even the appeal filed has been
dismissed. In these circumstances, the present appeal
has been filed by the appellant.
4. Learned counsel appearing for the appellant has
submitted that the land in question has already been
acquired under Notifications under Section 4 and 6 of
the Land Acquisition Act, 1894. Moreover, the
possession of the land in question had already been
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taken on 20 April, 1981 and compensation in respect
of land in question had already been paid to the
respondents. Relevant Notifications under Sections 4
and 6 have been placed on record.
5. In the aforesaid circumstances, in our opinion
the suit for possession could not have been decreed,
espectially when the land had already been acquired.
6. For the aforesaid reason, the appeal is disposed
of as allowed. The impugned judgement is set aside and
suit is dismissed. No order as to costs.
.................J.
[ANIL R. DAVE]
..................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
15 October, 2015.
JUDGMENT
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