SHAMSHUDIN Vs. HARYANA STATE

JUDGEMENT

(1.) BOTH these Regular First Appeals arise out of the common award passed by the learned Additional District Judge and hence they are disposed of by this common judgment. Actually, these are cross appeals by the parties before the learned Additional District Judge. The original claimants viz. Shamshudin and Sardar Khan shall hereinafter be mentioned as claimants and the State of Haryana will hereinafter be referred to as the State.

(2.) THE lands of the claimants were acquired. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the 'Act') was dated 20.1.1979 and the notification under Section 6 of the Act followed. The total area of the land of the claimants is 42 kanals 11 marlas. The claimants cited some sale instances for enhancement of the compensation awarded by the Collector which was Rs. 7370/- per acre. The learned Additional District Judge enhanced the compensation to Rs. 9000/- per acre. Being aggrieved by the judgment, the claimants have filed R.F.A. No. 4 of 1982 and State has filed R.F.A. No. 30 of 1982.

(3.) THE learned counsel for the appellant argued that the learned Additional District Judge has considered that deed Ex.A2 is regarding the sale of 1-1/2 acres and is large enough to furnish the guide-lines for assessing the market value of the acquired land. However, he had considered the fact that the sale deed Ex.A2 indicates that the actual amount paid before the Sub Registrar before the purchase of the land by the vendor was Rs. 13,500/- and there was no proof regarding the payment of balance amount although the sale consideration purports to be Rs. 20,000/-. The translated version of Ex.A2 shows that the executant had mortgaged the property with one Pal Chand for a sum of Rs. 6500/- and the land was sold to the vendee with all his rights and he had left an amount of Rs. 6500/- with the vendee for redemption of the mortgaged land and will receive the balance amount of Rs. 13,500/- before the Sub Registrar. According to the mortgagor, at that time the mortgagee was in possession of the land.