KA SYLVIA DOHLING Vs. U NODRO AND ANR.

JUDGEMENT

(1.) THIS is an appeal against an order dated the 18th April 1957, passed by the Assistant to the Deputy Commissioner, Shillong in land acquisition proceedings. About seventy -five acres of land at Umpling (Mylliem State) in Shillong was sought to be acquired by the Government. Respondent U Nodro claimed compensation in respect of the acquired land. An objection was filed by the Appellant Ka Sylvia Dohling. She claimed the entire compensation on the ground that she was the owner of the land. The Deputy Commissioner who is the Collector, gave an award in favour of the Respondent U Nodro. An application was made to the Collector under Section 18 of the Land Acquisition Act by the present Appellant Ka Sylvia Dohling for reference to the civil court. The Deputy Commissioner by his order dated the 30th September 1955, referred the matter to the Court of the Deputy Commissioner, United Khasi -Jaintia Hills District, Shillong, which was the principal civil court of original jurisdiction in the district, under Section 18 of the Land Acquisition Act. The matter came up before the Assistant to the Deputy Commissioner on the 23rd December 1955. The matter was adjourned from time to time as the Assistant to the Deputy Commissioner Sri K. Bardoloi was not empowered to take up the matter. On the 30th July 1956, in the order sheet he passed the following order:

(2.) SECTION 54 provides for an appeal against an award. Sub -section (1) of Section 26 provides that every award under the Act will be in writing signed by the Judge and Sub -section (2) of Section 26 provides that every such award shall be deemed to be a decree. The appeal thus lies to this Court against the award.

(3.) ON merits it has been admitted by the present Appellant that the land was sold by her mother Ka Beronica in 1931 for valuable consideration to Hardeodas Agarwalla whose son has been produced and he has stated that he in his turn sold the property to the Respondent. Possession was given to Hardeodas Agarwalla.