KANPUR DEVELOPMENT AUTHORITY Vs. SHRI KHUMAN

JUDGEMENT

(1.) Heard Sri Lalji Sinha, learned Counsel for the appellants. Sri Sharad Malviya, learned Counsel, has appeared for the respondents.

(2.) Through this second appeal, preferred under Section 100 of the Code of Civil Procedure, the appellants, that is, Kanpur Development Authority and Nagar Mahapalika, Kanpur, have assailed the judgment and decree passed by the first appellate court, that is, the 1st Additional District Judge, Kanpur City, by which the findings and conclusions as contained in the judgment and decree of the trial court dated 22.10.1983 have been affirmed.

(3.) In this land acquisition matter, both the courts below, that is, the trial court and the first lower appellate court, have recorded concurrent findings that the agricultural plots in dispute were not acquired by the State Government nor the actual and physical possession was ever taken by the concerned land acquiring authorities. The respondent-land owners are having their old abadi, residential houses and constructions over the land in dispute for the last more than sixty years, situate in old Naubasta village in the vicinity of Kanpur City.