LALIT KUMAR Vs. BHAGABAN CH. SARMA AND ORS.

JUDGEMENT

(1.) THIS is a First Appeal from the judgment and decree of the learned Special Subordinate Judge, A. V. D., dated 8th January 1948, by which he decreed the plaintiff's suit for a declaration that the defendants bad not acquired occupancy right in the lands in suit, and that the plaintiffs alone were entitled to the compensation awarded for the acquisition of the lands, with no order as to costs.

(2.) TWENTY -three plaintiffs brought the present suit against 121 defendants for a declaration that the defendants had not acquired any occupancy rights in the lands described in schedule Kha, and that they alone were entitled to compensation for the acquisition of the lands.

(3.) OUT of patta No. 10 comprising an area of 22B -3K -16L, the area acquired was 8B -1K.10L; the compensation for this area acquired was assessed at Rs. 2076. Out of patta NO. 6 comprising an area of 23B -2K. 9L, an area of 5B -0K. -7D was acquired; the compensation for this area being assessed at Rs. 1272 -8; out of patta No. 14 comprising an area of 45B -2K -9L, an area of 5B -0K -3D was acquired, the compensation for this area being assessed at Rs. 1257 -4; from patta No. 18 comprising an area of 23B -1K -17D, an area of 2B 0K -11L was acquired, the compensation for this being assessed at Rs. 626 -8; from patta No. 17 comprising an area of 23B -1K -1D, an area of 2B -0K -1L was acquired, the compensation being assessed at Rs.: 302 -8; from patta No. 19 comprising an area of 28B -11L, an area of 2B -3K -9D was acquired, the compensation being assessed at Rs. 672 -8; from patta No. 3 comprising an area of 45B -2K -9L, an area of 3B -1K 15L was acquired, the compensation being assessed at Rs. 837 -8; out of patta NO. 4 comprising an area of 28B -0K -17L, an area of 1B -3K -5L was acquired, the compensation being assessed at Rs. 530. The total compensation for the area acquired amounts to Rs. 7477.