HANUMAN PERSHAD Vs. CHUNI ALIAS CHUNI LAL

JUDGEMENT

(1.) This appeal is directed against the order of an Additional District Judge, Delhi, passed on April 12, 1965 apportioning compensation between Shri Hanuman Pershad and his sons Krishan Kumar and Anil Kumar on the one hand and Shri Chuni on the other. Shri Hanuman Pershad and his sons were the owners of the land whereas Shri Chuni claimed that he was a tenant.

(2.) Land measuring 100 bighas 18 biswas in Village Rajpur Chhavani was notified for acquisition for Planned Development of Delhi. The notification under Section 4 of the Land Acquisition Act, 1894 was issued on March 3, 1963. The declaration under Section 6 was published on May 29, 1963. The Land Acquisition Collector made his award on November 21,1963. With regard to land comprised in Khasra No. 122 the compensation assessed by the Land Acquisition Collector was Rs. 13,381.40. Inasmuch as there was dispute between the owners of the land and the tenant as to apportionment, a reference was made under Sections 30 and 31 of the Land Acquisition Act to the District Judge for apportioning the compensation awarded. By the impugned order dated April 12, 1965 an Additional District Judge, Delhi, held that Shri Chuni, the tenant, was entitled to 80 per cent of the compensation while Shri Hanuman Pershad and his sons Were entitled to only 20 per cent. Aggrieved by this order Shri Hanuman Pershad and others have appealed to this court.

(3.) Before the Additional District Judge the contention of Shri Chuni was that prior to him his father and his mother had been tilling the land comprised in Khasra No. 122 and so, he was a tenant of long standing with certain rights in the land. Shri Hanuman Pershad and his sons, on the other hand, contended that Shri Chuni was merely a non-occupancy tenant with no rights in the land and so, not entitled to any share in the compensation. The learned Additional District Judge framed the following issue :-