VITHAL YESHWANT JATHAR Vs. SHIKANDARKHAN MAKHTUMKHAN SARDESAI

JUDGEMENT

(1.) This appeal arises out of a reference under S. 30 of the Land Acquisition Act as regards the apportionment of its, 35,10210-0, the compensation awarded for two plots of land numbered, Survey No. 37 Kambhapur and Survey No. 137 Narendra. It is no longer disputed that these form part of a Watan. The dispute as regards the apportionment has arisen between the Watandar and the person in actual possession of the land, the appellant before us.

(2.) The Land Acquisition Judge made an order that the compensation be apportioned in the ratio of 10:6, the 10/16th to be given to the landlord and the reminder to the tenant. The correctness of this was challenged in appeal. It was urged that the rent was fixed in perpetuity and the landlord had no right to increase the rent, and so, the landlord should get only the capitalised value of the rent payable for the acquired lands and the remainder should o to the tenant. The High Court held that the landlord had the right to claim that the tenant should pay enhanced rent and directed the compensation to be apportioned in the proportion of 55 to 45 between the landlord and the tenant.

(3.) Against this decision this appeal has been preferred on certificate granted by the High Court.