INDRAWATI Vs. VIRENDER KUMAR

JUDGEMENT

(1.) IN this appeal, relating to the apportionment of the compensation assessed in respect of acquired land i.e. Khasra no. 55/2/2 (1 -5), 3 (4 -16) and 8/1(2 -8) measuring 8 bighas and 9 biswas in the revenue estate of Village - Sanoth in pursuance to Notification under Section 4 of Land Acquisition Act, 1894, appellants and the first respondent are the claimants/ Interested Parties (hereinafter referred to as IPs).

(2.) REFERENCE Court vide impugned judgment of 28th August, 2009 has granted the entire amount of compensation to the first respondent herein, who was IP No. 1 before the Reference Court and the appellants were IP No. 2 to 6, who have come up in this appeal.

(3.) AT the hearing of this appeal, it was vehemently contended by Mr.V.K. Sood, learned counsel for the appellants that the plea of the Relinquishment Deed (EX. IP W1/3), being a Gift Deed, was never taken by the respondents, nor any evidence in this regard was led and so, the trial court has gravely erred in treating the Relinquishment Deed (EX. IP W1/3) as Gift Deed, as it is impermissible in law to do so. To support this submission, reliance was placed upon unreported decision of the Apex Court in Appeal (Civil) No. 6191/2001 'Anthula Sudhakar Vs. P. Buchi Reddy', rendered on 25th March, 2008.