SHYAM SUNDER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the petitioner has prayed for quashing the award dated 12-12-1983 contained in Annexure-I attached with the writ petition. A certified copy of the award has also been filed.

(2.) Brief facts giving rise to the present writ petition are that the petitioner's land was acquired for the construction of P.A.C. quarters in the year 1964 and thereafter the same land was acquired under the Defence of India Rules, 1962, on 3-5-1968. The petitioner claimed -th share of the compensation regarding the disputed land. It has been alleged that the petitioner's uncle Ram Avtar had executed a will in his favour so he is entitled to - share and the remaining share should be given to the opposite party No. 4 in the present writ petition. The petitioner had also claimed solatium and interest.

(3.) The claim of the petitioner was contested by the opposite party No. 4 on the ground that the alleged will relied upon by the petitioner was not known to him and that it was not a genuine document, therefore, the petitioner was not entitled to the share claimed. According to the contesting opposite party the petitioner as well as the opposite party No. 4 should get equal share.