KANTILAL Vs. SHANTILAL

JUDGEMENT

(1.) In all the above appeals the parties are the same and the controversies raised are intimately connected and dependent on each other, hence all the cases are disposed of by one single order.

(2.) Land measuring 19 bighas was granted by the ruler of the erstwhile State of Ratlam in favour of ancestors of respondents Shantilal and Poonam Chand Pitaliyas (hereinafter referred to as 'Pitaliyas') for installation of a Ginning factory. Ancestors of Kantilal Jhalani and other appellants (hereinafter referred to as 'Jhalanis') entered into partnership with Pitaliyas and the partnership started a Ginning factory on a portion of the above 19 bighas of land. The names of Jhalanis and Pitaliyas were recorded in the revenue records in respect of the entire land. The above 19 bighas of land had some different survey numbers but subsequently at the time of settlement in Ratlam in the year 1956-57, the numbers were changed to survey numbers 120 and 121. Survey No.120 comprised of 2 biswas and survey No.121 of 18 bighas and 18 biswas. According to the Jhalanis in execution of a decree against Pitaliyas the above land was sold and Jhalanis purchased the said land in an auction. Thereafter, an application was moved by the Jhalanis on 13th April, 1951 for mutation of their names before the Tehsildar in respect of the entire lands bearing survey Nos.120 and 121 leaving such portion of the land on which the Ginning factory was standing. The Tehsildar vide his order dated 20th February, 1953 allowed the application and passed an order mutating the names of Nihalanis on the entire 19 bighas of land. The said mutation was allowed on the basis of compromise between Pitaliyas and Jhalanis and also on the basis of a sale certificate issued by the Civil Court.

(3.) The Town Improvement Trust, Ratlam (hereinafter referred to as 'the Trust') started acquisition proceedings for a housing scheme under the provisions of the Town Improvement Trust Act, 1960 (hereinafter referred to as 'the Act') and issued a,notification on 28th August, 1964 under S. 68 of the Act. Survey Nos.120 and 121 were shown in the notification leaving out some area of Survey No.121. In the acquisition proceedngs, the Trust obtained possession of the acquired land on 21st March, 1968.