IMRAM Vs. MOHD ZAFAR MOMIN

JUDGEMENT

(1.) The plaintiffs are the appellants in this second appeal. The suit was brought by the plaintiffs for recovery of Rs. 4050 along with interest of Rs. 240, being the amount of compensation awarded in respect of acquisition of certain lands by the State of Bihar under the provisions of the Land Acquisition Act, 1894, hereinafter to be called the Act."

(2.) The case of the plaintiffs was that a number of plots, including plots 2259 and 2260 (measuring about 4 kathas and 1 dhur), belonged to the plaintiffs. The last two plots mentioned above were acquired by the State of Bihar under the provisions of the Act. In the land acquisition proceedings no notice was given to the plaintiffs. However, coining to know; of the awards in favour of the defendants, the plaintiffs filed a petition before the Land Acquisition Officer, Darbhanga, stating that the awards had been wrongly prepared in the names of the defendants first party who had no interest in the land. It was further slated in the petition that the Land Acquisition Officer instead of referring the dispute to the District Judge directed the parties to have then- rights, agitated in the Civil Court. The plaintiffs, therefore, filed the suit for the main reliefs as stated above.

(3.) Written statements were filed by the defendants first party as also by the defendants second party. We are mainly concerned with the written statement of the defendants first party. These defendants claimed that they had title to the properties which were subject-matter of acquisition. They further averred that notice under Sections 9 and 12 of the Act "was duly served" and no objection was raised by the plaintiffs. It was, therefore. stated that the plaintiffs were not entitled to get any relief in the suit.