UNION OF INDIA Vs. SIB CHARAN SARKAR

JUDGEMENT

(1.) This appeal F. A. 33 of 1989 has been filed by the Union of India. The appellant Union of India challenged the decree dated 14th February, 1984 on various grounds and in particular Ground Nos. V, VI, and VII. The said grounds are set out herein below for ready reference:

(2.) In support of Ground no. VII, the Union of India/Appellant relies on the registered deed of sale dated 2nd March, 1972 executed by Smt. Nalini Majhi in favour of Ashutosh Das being Exhibit "A" in the proceedings between Majhi and Das. On reading of the said deed of Majhi and Das we find that the said deed is not commensurate with the said ground. The said sale deed being exhibit "A" relied on by the Union of India/Appellant was rejected by the Arbitrator and the reason was that there was a common passage between the two plots. This is not so in the case before us. Therefore, the documents relied on by the Union of India/Appellant cannot be relied on by us too and Ground No. VII is not accepted, therefore rejected.

(3.) In respect of interest, mentioned in Ground V of the Memorandum of Appeal we are not inclined to interfere with the award passed by the Arbitrator at 6% p.a.