LAL CHAND Vs. PRAKASH NARAIN BHATNAGAR

JUDGEMENT

(1.) This disposes of three Regular Second Appeals No. 125 to 127 of 1980 which are against the same judgment. Shri P. S. Sharma, Additional District Judge, Delhi who had dismissed three appeals against judgment and decree of a Sub Judge.

(2.) Parkash Narain respondent instituted three suits for recovery of arrears of rent against the present appellants on the ground that the appellants were his tenants in respect of separate pieces of land situated in between Railway Station and Circular Road, Shahdra.

(3.) The present appellants inter alia relied upon the fact that the said land had been acquired and award No. 2141 dated 14.8.1968 had been given by the Collector which extinguished the title of Parkash Narain and therefore, the present appellants were not liable to pay any rent. The learned courts below held that although award had been made possession of the land had not been taken and that therefore, title had not passed due to which the appellants were still liable to pay rent. According to the learned counsel for the appellant substantial point of law which arises for consideration by this court is whether title of land passes as soon as award is made. But I do not agree with the learned counsel and I agree with the opinion expressed by both the courts below. Section 16 of the Land Acquisition Act is the relevant which reads as under : -