RAGHUNATH BHAURAO SHINDE Vs. MURLIDHAR LAXMAN JADHAV

JUDGEMENT

(1.) Heard learned Counsel appearing for the Appellant. The challenge in this Appeal is to the judgment and award made by the District Court in a Reference under Sec. 30 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act).

(2.) The acquired land is land bearing Gat No. 539 situated at Nandurmadhmeshwar, Taluka - Niphad, District - Nashik. Before the Land Acquisition Officer, a dispute arose regarding the apportionment of compensation between the Appellant and the Respondent; and therefore, a Reference under Sec. 30 of the said Act was made by the Special Land Acquisition Officer.

(3.) Statements of claim were filed by both the parties. The Appellant who is described as the Opponent in the Reference contended that the lands bearing Gat No. 539 and 537 were earlier Survey No. 215/5C and 215/5A. It is contended that the said lands were owned by Smt. Jaibai Vetal Dhangar. It is contended that in auction held in the execution of a Decree passed in the Regular Civil Suit No. 61/63, the Appellant purchased the said lands. Therefore, since on the date of auction, the Appellant has become the owner of the said lands. The Respondent filed a statement of claim. The Respondent contended that the lands bearing Gat No. 537, 539 and 469 have been purchased by his father Laxman by a registered Sale Deed dtd. 21/4/1983 executed by the said Jaibai Vetarl Dhangar. The evidence was adduced by the parties. The learned Trial Judge held that the Respondent and his brothers are entitled to receive the entire compensation amount. It was held that the Appellant had no right, title and interest in the acquired land.