JOG RAJ Vs. BANARSI DASS

JUDGEMENT

(1.) THIS judgment will dispose of E. F. A. Nos. 64, 86 to 92 and 101 of 1975 and 145 of 1976. The facts in the judgment are being given from E. F. A. No. 64 of 1975.

(2.) BRIEFLY the facts of the case are that Ram Chander, since deceased (now represented by Jog Raj and Prithvi Raj, his sons) was the owner of the land in dispute which was on perpetual lease with Banarsi Dass, respondent No. 1. The land was acquired under the Land Acquisition Act (hereinafter referred to as the Act ). Banarsi Dass, tenant, claimed apportionment of the amount of compensation. The Collector, in spite of the claim of the tenant, paid the amount of compensation assessed by him to the landlord. The landlord, dissatisfied with the amount of compensation, filed an application under S. 18 of the Act, for referring the matter to the Court. The tenant also filed a similar application for enhancement of the compensation and apportionment of the amount.

(3.) THE question that arise for determination is as to how the amount deposited with the Collector under the award of the Court is to be distributed. The counsel for the appellants has vehemently urged that 20 times of the lease money is to be paid to the appellants out of the amount deposited and the balance to the tenant. He further submits that the amount already paid to the landlord by the Collector should not be adjusted while paying his share out of the enhanced amount. On the other hand, Mr. Jain, learned counsel for the tenant, has submitted that the landlord was not entitled to the whole amount paid by the Collector to him. According to him, the payment out of the enhanced amount should be made to the landlord in accordance with the award of the Court by making adjustment of the payment made to him by the Collector.