PRABHU Vs. NARPET

JUDGEMENT

(1.) This regular first appeal has been filed by Prabhu appellant against the award, dated 5th Oct., 1967 given by the Additional District Judge, Mandi.

(2.) The brief facts of the case are that land measuring 15-6-0 bighas situate in village Purana Nagar, Tehsil Sundernagar, District Mandi, was acquired in the year 1961, and an amount of Rupees 44,072-14 P. was assessed as its compensation. The Land Acquisition Collector referred the matter for apportionment, under Section 30 of the Land Acquisition Act, to the District Judge, because Prabhu appellant claimed himself to be a tenant-at-will of the land. The claim of Prabhu, who was also a co-owner in the acquired land, with respect to tenancy was denied by the other co-owners. The Additional District Judge, Mandi, who had to decide this reference framed the following issues on 1st August 1964 :

(3.) The Additional District Judge gave a finding that Prabhu has failed to prove that he is a non-occupancy tenant of the acquired land or any portion of the same, and as a result of this finding he apportioned the compensation amongst the various parties in the following manner <FRM>JUDGEMENT_4_TLHPH0_1980Html1.htm</FRM>