NEZAMUDDIN ANSARI Vs. CHELA NARSINGH DAS

JUDGEMENT

(1.) The appellants have filed this First Appeal under Section 54 of the Land Acquisition Act against the judgment dated 10.06.1992 and award dated 19.6.1992 by Sub Judge-I, Aurangabad in Land Acquisition Case No. 151 of 1974/8 of 1975/17 of 1981 whereby the learned court below on a reference under Section 30 of the Land Acquisition Act held that the respondent has got title and possession over the acquired land measuring 19 decimals out of Plot No. 399, Khata No. 3 situated at village, Pandeykhab P.S. & District- Aurangabad and confirmed the award prepared under the name of original opposite party Awadhesh Kumar Shastri and dismissed the claim application filed by the appellants.

(2.) The above mentioned land measuring 19 decimals was acquired by the State Government and the award to the tune of Rs. 615.51 was prepared in the name of Awadhesh Kumar Shastri, the original opposite party. Bibi Jainab and others objected the award on the ground that they are the title holder and therefore, they are entitled to receive the award. Because of this dispute, the matter was referred by the said Land Acquisition Officer, Aurangabad to the Civil Court under Section 30 of the Land Acquisition Act.

(3.) According to the appellants' case, Fakira Mian was the recorded owner regarding the acquired property and after his death, the applicants/appellants are the rightful owner and are in possession of the acquired land, so they are entitled to receive the awarded amount.