VALKUBHAI BHANBHAI DHAKHADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Sec.96 of the Code of Civil Procedure has been filed by the appellant original claimant against the judgment and award dated 1022004 passed by the learned Civil Judge (S.D.), Amreli, in Land Reference Case No.162 of

(2.) HEARD learned advocate, Mr.D.D.Vyas for the appellant and learned AGP, Mr.P.P.Banaji for the respondents.

(3.) IT is to be noted that after considering the oral as well as documentary evidence on record, the Reference Court has passed the award which, in the opinion of this Court, is just, legal and proper and no illegality has been committed by the Reference Court requiring interference by this Court in this appeal. However, as far as deduction of 5% towards new tenure land from the awarded amount is concerned, in view of the judgment of a Division Bench of this Court referred hereinabove, the impugned award requires to be modified to the extent of deduction of 5% from the awarded amount for new tenure lands.