GOPAL SINGH Vs. LAND ACQUISITION COLLECTOR AND ORS.

JUDGEMENT

(1.) The material facts of the case are sufficiently reflected in the judgment under appeal. Here suffice it to note that the Appellant's claim under Sec. 18 of the Land Acquisition Act (for short, the Act) for compensation as a tenant has been negatived by the District Court (Additional District Judge, Ludhiana) primarily on the ground that there was no valid lease deed in his favour. The land concededly belonged to Shivala (Mandir) Masanf Karmi. Though initially the Appellant had failed to implead his landlord, i.e., the Mandir or its trustees as parties to the litigation, yet as a result of the application, dated March 31, 1978 under Order 1, Rule 10 of the Code of Civil Procedure, he impleaded them as parties to the reference. In the light of the contentions raised by the parties, the Court put them to trial on the following issues:

(2.) Whether the award made by Respondent No. 1 in favour of Respondent No. 2 and 3 was illegal, void and ineffective to the rights of the Petitioner ?

(3.) Whether the Petitioner had constructed building over the acquired land, if so, to which amount and to what effect ?