JAGARNATH SINGH Vs. BIMELENDU PATHAK

JUDGEMENT

(1.) This first appeal arises out of the judgment and decree dated 21.7.1999 in L.A. Case No. 69 of 1986 passed by Shri A.A. Gouri, learned Sub-Judge, 1st, Bokaro at Chas, by which judgment he allowed the case of the applicant-respondent here with contest and without any cost and the applicant, Bimelendu Pathak was declared entitled to receive the compensation benefit.

(2.) It is submitted by the learned counsel appearing for the appellant, Jagamath Singh that he was one of the opposite parties in Land Acquisition Case and his documents and witnesses were not considered properly and the learned court below should not have decided the case in favour of the applicant when there was a dispute with regard to the property in question.

(3.) On the other hand, learned counsel appearing for the respondent has sub- mitted that the appellant failed to prove by any oral or documentary evidence that he ever came in possession over the property and his claim was based on no document and on the basis of some photocopy of rent receipts of which even the original was not available with the. appellant, has got no claim over the suit property and the applicant-respondents here, who are the sons of the recorded tenant and khatian of the land was proved. In that view of the matter, the learned Sub-Judge, 1st, Bokaro at Chas has rightly allowed the application.