This first appeal is directed against the judgment and decree dated 20.12.2000, passed by the learned Senior Civil Judge, Multan, whereby the reference filed by the respondent was allowed in the following manners: "In view of my above findings, the reference of the petitioner is accepted and the value of the suit property is fixed as Rs.2000/- per marla as well as incidental charges, with compound interest and charges according to law."
2. The appellant acquired the land of the respondent measuring 15 Marla situated in Khewat No.342, Khasra No.11/22 situated in Moza Jahangirabad, Tehsil and District Multan, through an award dated 08.08.1993, and at the time of announcement of award, the Land Acquisition Collector assessed the value of the land even less than the amount, on which the respondent purchased the land in question. The respondent, being aggrieved and not satisfied with the price/value assessed by the Land Acquisition Collector, filed an award under Section 18 of the Land Acquisition Act in the office of the Land Acquisition Collector, the same was forwarded to the learned Senior Civil Judge, Multan, who after recording the evidence of the parties, finally assessed the value @ Rs.2000/- per Marla, the price on which the respondent purchased the land through registered sale deed on 07.08.1982.
3. The learned Senior Civil Judge, as appears from the judgment and decree impugned herein, very fairly assessed the value and granted the price mentioned in the sale deed which was executed in favour of the respondent about ten years before the acquisition of land. Surprisingly, the appellate authority has even challenged this type of the decree, wherein the respondent is being paid the price of the day when the respondent purchased the property in question.
4. Learned counsel for the petitioner submitted, that the learned Senior Civil Judge erred in law to assess the value @ Rs.2000/- whereas the respondent has failed to prove it by any cogent and confidence inspiring confidence. The learned counsel also submitted and pointed out, that the learned Senior Civil Judge, while passing the decree, has not mentioned anything including the price assessed by the Land Acquisition Collector and the amount awarded to the respondent in decree sheet.
5. Although the learned trial court/Senior Civil Judge has not mentioned the amount assessed by the court of the land and the total amount given to the respondent while preparing the decree sheet, which should have been mentioned in the decree sheet. Undeniably, it was the paramount and mandatory obligation of the learned Senior Civil Judge, Multan, to mention the value assessed and the amount awarded by the court to the respondent in the decree sheet. No doubt, it is an illegality.
6. But at the same time, it cannot be ignored at this stage, the respondent purchased the property in question in the year 1982, the award was announced on 08.081993, whereby the land of the respondent was acquired; the judgment and decree, on the reference field by the respondent, was announced by learned trial court on 20.12.2000, whereas the R.F.A against the said judgment and decree is being decided in the year 2015 by this Court. Almost, more than two decades have been expired, therefore, it would not be faire and justiciable to remand the case at this stage to the learned Senior Civil Judge, Multan, on the ground of incomplete decree sheet. And even otherwise, the respondent, in any case is not at fault and because of action or inaction on the part of the Court or judicial system, the litigant should not suffer.
7. As earlier observed, that the learned trial court very fairly assessed the value of the land and the learned counsel for the petitioner could not succeed to point out anything which is contrary to this part of the judgment.
8. In view of the above, this appeal has no force and is dismissed. No order as to cost.
9. The office is directed to prepare the decree sheet strictly in accordance with the terms of the judgment.