AASH MOHAMMAD Vs. SMT. SOMTI

JUDGEMENT

(1.) THE Appellant Aash Mohammad has filed this appeal challenging the order dated 18.1.2011 passed by the Reference Court, whereby, his application for apportionment of compensation has been rejected.

(2.) COUNSEL for the Appellant has contended that on the basis of the agreement to sell dated 27.9.2005, the Appellant has become owner of the suit property and, therefore, he was entitled for apportionment and, thus, the impugned order directing simple refund of the earnest money of Rs. 20,000/ -was bad in law in view of the fact that the suit (civil suit No. 18 dated 7.1.2006) for determination of his rights is already pending before the Court of Additional Civil Judge (Sr.Divn.) Nuh.

(3.) IN view of the aforesaid, finding No. merit in the petition, the same is hereby dismissed.