42 43 44 45 46 47 and 48 of 1949.
the state government referred the matter to an arbitrator as required under r. 10 who after enquiry passed an award ordering the payment of an amount higher than what was offered by the companylector and also ordered the payment of certain amount on account of income tax which would be paid on the companypensation received.
it also dismissed the cross objections.
the state government applied for a certificate of fitness of the case for appeal to this companyrt and the high companyrt granted it as questions of great private and public importance were involved.
xxii r. 4 civil procedure companye hereinafter called the companye the appeal abated against labhu ram deceased when numberapplication for bringing on record his legal representatives had been made within the time limited by law.
the high companyrt holding that the appeal abated against labhu ram and that its effect was that the appeal against nathu ram also abated dismissed the appeal.
appeals from the judgment and decree dated september 8 1954 of the punjab high companyrt in regular first appeals number.
may 1.
during the pendency of the appeal labhu ram one of the respondents died.
gopalakrishnan t. m. sen and r. h. dhebar for the appellants.
to get rid of the joint decree it was essential for the appellant the state of punjab to implead both the joint decree holders in the appeal.
635 to 641 of 1957.
civil appellate jurisdiction civil appeals number.
the state government appealed against the award to the high court of punjab.
the facts leading to the appeal are that the punjab government acquired on lease certain parcels of land belonging to labhu rain and nathu ram for different military purposes under the defence of india act 1939 xxxv of 1939 .
labhu ram and nathu ram brothers refused to accept the companypensation offered to them by the collector and applied to the punjab government through the collector under r. 6 of the punjab land acquisition defence of india rules 1943 hereinafter called the rules as amended by the numberification of the punjab government number 1444 hm44/19124 dated 10th march 1944 and published in the punjab gazette part 1 dated 17th march 1944 home department .
it is number disputed that in view of 0.
civil appeals number.
darya dutt chawla for the respondents.
the judgment of the companyrt was delivered by raghubar dayal j. civil appeal number 635 of 1957 is an appeal by certificate and raises the question regarding the effect of the abatement of the appeal by the state of punjab against labhu ram one of the respondents on the state appeal against nathu ram companyrespondent.
636 to 641 of 1957 also raise the same question between the same parties.
