HARDWARI LAL Vs. RAI SINGH

JUDGEMENT

(1.) THIS appeal has been filed by Hardwari Lal (deceased through LR)against the order dated 18th May, 1987 passed by learned Additional district Judge, Delhi whereby in a reference made under Section 30/31 of the Land Acquisition Act for apportionment of compensation of land bearing khasra No. 7/3 (2-4), 8 (4-16) in total 7 bighas situated Village Rithala, Delhi.

(2.) THE facts are that on 22. 7. 1968, an application for correction of the revenue record was filed by the appellant in the court of the Revenue assistant, Delhi alleging that he was the Bhumidar of Khasra No. 710/188 measuring 1 bigha and 12 biswas. The actual possession of the land, however was with respondent who was not ready to hand over the possession to the appellant. There was another plot number 17 adjacent to the above land which was also occupied by Rai Singh. He stated that he be delivered possession of the plot measuring 1 bigha 12 biswas and necessary demarcation of the land be also carried out.

(3.) THE application was referred to the Tehsildar for necessary enquiry and in the report filed after recording the evidence of both the parties it was stated that on 14. 10. 1968, the land was not being used for cultivation for the last 15 years upon which now stands a temple. The learned Revenue assistant after hearing both the parties vide his order dated 16. 8. 1969 rejected the application of the appellant.