AMRIT LAL SEHGAL Vs. MAMLESHWAR PERSHAD

JUDGEMENT

(1.) This is a Regular First Appeal against the order of the Additional District Judge, Delhi dated October 5, 1964. The material facts in this appeal are as follows: A reference under Section 31 of the Land Acquisition Act was made by the land Acquisition Collector Delhi to the District Judge relating to the apportionment of the compensation in respect of khasra No. 279/1, 280/1, 283/1, 284/1 and 285/1 measuring 22 bighas and 7 biswas situated within the revenue estate of Chaukari Mubarak Bagh. The Land Acquisition Collector made his Award No. 1233 dated 22.12.1961 for an amount of Rs. 1,01,244.50 on account of compensation in respect of this land. The compensation amount was sent to the court of the District Judge. There were two rival claimants before the Land Acquisition Collector to this amount. On the one hand Mamleshwar Pershad and Karnta Pershad sons of Onkar Pershad claimed this amount and on the other the appellant Arnrit Lal Sehgal was the claimant. The land Acquisition Collector ordered that the appellant should be paid Rs. 88,588.94 and Mamleshwar Pershad and Karnta Pershad be paid the balance of the amount. On the pleadings of the parties, the learned Additional District Judge framed the following issue:-

(2.) By his order dated October 5, 1964 the Additional District Judge decided that the entire compensation be paid to the land owners, that is, Mamleshwar Pershad and Karnta Pershad, respondents 1 and 2. The appellant was held entitled only to an amount of Rs. 1,041.00 as compensation for trees. This amount also could not be paid to the appellant as the arrears of rent of three years exceeded the amount of Rs. 1,041.00.

(3.) Sardarakhti lights in land measuring 50 bighas and 12 biswas were sold to the appellant Arnrit Lal Sehgal for an amount of Rs. 87,700.00 by the Custodian of Evacuee Property. To appreciate the points in controversy it is necessary to trace briefly the history of this land.