INDRAYANIBAL Vs. COLLECTOR OF NAGPUR

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Civil \judge, Senior Division, Nagpur rejecting the claim of one Mahadeo a/o Mahavir Vaishya, since deceased, and represented by his legal representatives on record, made upon a reference under Section 18 (1) of the Land Acquisition Act,1894.

(2.) THE property that was acquired was a house bearing Nos. 291, 291/12 and 292/2, owner and possessed by said Mahadeo. The acquisition was for purposes of Nagpur Corporation and for the improvement of Itwari Bhaji Market. Section 4 notification was issued on March 16, 1955, followed by Section 6 notification issued on October 19, 1955. The possession of the property is admittedly taken on December 15, 1964.

(3.) BEFORE the trial Court, the claimant sought to recover Rs. 19,000/- for the land and house and an additional claim of Rs. 14,000/- account of loss of rent at the rate of Rs. 40/- per month for a period of 30 years. He further claimed expenses that he would be required to incur for changing his residence and business. Upon evidence, the trial Judge came to the conclusion that the claim and was not entitiled to a higher compensation than was awarded by the Land Acquisition Officer, the same being Rs. 7,545/- That included the value of the land and a house in the sum of Rs. 6,561. 25/- and, by adding 25% under Section 23 (2), a sum of Rs. 984. 19.