(1.) THESE are two appeals by the Government of Jammu and Kashmir against the order of the District Judge, Jammu, dated 14 -10 -1959 overruling their objection to the executability of the award for payment of compensation made by him on a reference by the Collector of Udhampure District under S. 18 of the Land Acquisition Act.
(2.) THE facts which gave rise to these appeals briefly stated are these. Proceedings for acquisition of two plots of land, one belonging to Col. Abdul Rehman respondent in appeal No. 50 and the other belonging to the predecessor -in -interest of the respondents in appeal No. 51, were taken under the Land Acquisition Act. The Collector gave an award which was not acceptable to the proprietors and at their instance he made a reference to the Court of the District Judge, Jammu, under S. 18 of the Act for determination of compensation. The District Judge made an award allowing Rs. 83242/ - to Col. Abdul Rehman and Rs. 41,385 -2 -3 to the other claimant. On respondents application for enforcement of the award made in their favour the District Judge did not issue execution but wrote to the authorities of the Revenue Department requesting them to arrange funds for satisfaction of the award.
(3.) THE sole question which arises for consideration in these appeals is whether an award made by a District Judge on a reference under S. 18 of the Land Acquisition Act is governed and controlled by the provisions of S. 82of the Civil Procedure Code.