SANT KUMAR Vs. DURGA SINGH

JUDGEMENT

(1.) D. S. Sinha, J. Heard SriNanhae Lal,learned counsel appearing for the appellant, at length and in detail.

(2.) BY the impugned order dated 26th September, 1995, passed by the 1st Addl. Civil Judge (Senior Division), Ghaziabad in Original Suit No. 848 of 1995 between Sant Kumar and Durga Singh and another, the prayer of the plaintiff appellant that the defendant-respondents be restrained from receiving from the Special Land Acquisition Officer, Ghaziabad the sum of Rs. 6,54,000 payable to them under an award rendered in land acquisition proceedings under the Land Acquisition Act, 1894, (hereinafter called the Act), has been turned down.

(3.) DURING the course of the arguments the learned counsel for the appellant emphasised and canvassed at length that the suit giving rise to instant appeal is maintainable notwithstanding the fact that no recourse had been taken by the appellant under Section 30 of the Act. The court refrains from expressing any opinion on this point as neither it arises in this appeal nor is it necessary for disposal thereof.