MARU RAM Vs. RANDHIR

JUDGEMENT

(1.) The present regular second appeal has been filed against judgment and decree dated 5.4.2007 passed by learned Additional District Judge, Gurgaon, dismissing appeal filed by present appellants-plaintiffs against judgment and decree dated 8.6.2006 passed by learned Additional Civil Judge, (Senior Division), Gurgaon, vide which suit filed by present appellants-plaintiffs was dismissed with no order as to cost.

(2.) Briefly stated, shamlat Bachat land of village Samaspur, Tehsil and District Gurgaon alongwith other land of proprietors of the said village was acquired by Land Acquisition Collector, Urban Estate, Gurgaon. Respondents- defendants No. 1 to 3 were proprietors of the said village. They had sold their land to Bhima son of Shri Shadi for sale consideration of Rs. 60,000/- vide sale deed bearing Vasika No. 895 dated 13.7.1965. Mutation was also sanctioned in favour of Bhima. Present appellants-plaintiffs are successors of Bhima. Plea has been taken that the rights in shamlat deh including the shamlat bachat land of respondents-defendants No. 1 to 3 also devolved upon Bhima-vendee and after his death upon the present appellants-plaintiffs. Hence, plea has been taken that they are entitled to compensation regarding acquisition of the said land.

(3.) Respondents-defendants No. 1 to 3 contested the suit filed by appellants- plaintiffs by taking the plea that their rights in the shamlat bachat land were never sold to predecessor-in-interest of present appellants-plaintiffs and hence, they are having no right to claim compensation of the said acquired land.