M R O Vs. S NARAYANA RAO

JUDGEMENT

(1.) Against the decree and judgment of the Court of the Subordinate Judge at Asifabad in O.P.No. 55/87, dated 22-7-1988, the present appeal has been filed by the State.

(2.) Before deciding Civil Miscellaneous Petition filed under Section 5 of the Limitation Act requesting the Court to condone the delay in filing the other two applications, viz., under Order 22 Rule 9 CPC to set aside the abatement caused by the death of the sole respondent and another application under Order 22 Rule 4 CPC to bring on record the legal representatives of the deceased sole respondent, it is proper to advert to some of the facts involved in the case.

(3.) An area of Acs. 10-00 of land situated in Paduthapalli village in Mancherial Mandal of Adilabad District was proposed to be acquired under Section 4(1) of the Land Acquisition Act for providing house- sites to the weaker sections of Paduthapalli village. The Land Acquisition Officer passed an award on 9-9-1983 awarding compensation for the acquired lands at the rate of Rs. 10,000/- per acre. Dissatisfied with the same, the claimant sought reference under Section 18 of the Land Acquisition Act. Accordingly, a reference was made to a competent civil Court.