PRATIBHAS LALWANI Vs. UOI

JUDGEMENT

(1.) IN proceedings under Section 30 of Land Requisition Act, pending before the learned Additional District Judge, regarding apportionment of the compensation among different interested persons, vide order dated 27th August 2008, learned ADJ allowed production of certified copies of the sale deeds dated 17th December 1981 executed by two of the interested persons viz IP No. 5 and 6, as owners of the property in question on the basis of a Will dated 24th December 1975 of their father late Shri Pyare Lal Sharma. This order is the subject matter of challenge by the IP Nos. 5 and 6 before this Court.

(2.) BRIEF facts necessary for deciding this petition are that in Award No. 27 of 2002 and 2003, the land of Khasra No. 23/10/2, 23/21-22, 31/1/1 measuring 9 bighas and 19 biswas was acquired. The recorded owners were in IP No. 1 to 4 whereas IP No. 5 to 6 raised disputes and claimed compensation of half of the shares of the land and the matter was referred to learned ADJ. The IP No. 1 to 4 relied upon the Will executed by father of IP No. 5 and 6. This Will dated 24th december 1975 of late Shri Pyare Lal was disputed by IP No. 5 and 6. IP NO. 1 to 4 after closure of their evidence got hold of sale deed executed on 17th december 1981 by IP No. 5 and 6 and made an application before the Court for allowing a certified copy of this sale deed to be taken on record. By the impugned order, this sale deed was taken on record and the IP Nos. 5 and 6 are thus aggrieved.

(3.) THE learned trial court has relied upon Cement corporation of India ltd. V. Purya AIR 2004 SC 4830 wherein the Supreme Court laid down law pertaining to proceedings and certified copies of a registered sale deed and observed as under:-