9911796707
TMI Blog1961 (10) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... refers a dispute to the decision of the civil court under section 30 of the Act, firstly, he should he should as the party respondent in the records of the civil court, and secondly whether, in the in any event, costs could be awarded against him. Actually in the matter before me, there appears to have been an ample justification for the officer to make the reference under section 30 though admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... some of the plots were purchased were not true owners of these properties and that claimant (appellant) was the real owner entitled to compensation amount with the usual solatim. Throughout, the referring officer (Collector) was shown as a party respondent in the record. The learned Subordinate judge awarded costs against the referring officer, and that is the reason why this second appeal has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acquiring body is not liable for costs incurred by parties with regard to establishing their title, and that in India also the rule is the same. 4. The learned council for the respondent (claimant) urges that the reference itself as incompetent, because there was really no dispute within the meaning of the section 30; the claimant alone made the actual claim and not the others benamidars. Ido ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er has aright to make such a reference, even if a dispute or controversy as to title arises on the documents before him. He cannot be made liable for costs, and it is the party who has to bear the costs incurred in establishing the title of the party to receive the compensation amount. 5. According, I allow the second the appeal and direct that award of costs against the Government by the learn ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
