DEORAO DADABA MISAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Chaitanya Deshpande, learned counsel for appellants and Mr. A.M. Phule, learned AGP for respondents.

(2.) The appeal is directed against judgment and award dated 04.07.2005 by which, the reference Court has rejected appellants' reference seeking enhancement of compensation.

(3.) Mr. Deshpande, learned counsel for appellants submits that the reference Court was not at all justified in refusing to consider the certified copies of the sale-deeds as evidence merely because, the vendor, vendee or the attesting witness had not been examined. Mr. Deshpande submits that in any case, other sale-deeds were produced which could not have been rejected only on the ground that the area sold vide those sale-deeds was small. He submits that infact, the area was not at all that small. He submits that in any case, some deductions could have been made but, there was no reason to reject even consideration of these sale-deeds as being incomparable instances.