GOPAL DAS Vs. BARNWAS DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12.12.2005 passed by Subordinate Judge -II - cum -Land Acquisition Judge, Dumka in Land Acquisition Case No.24/2001 -02 in a reference under Section 30 of the Land Acquisition Act whereby he has decided the reference in favour of the respondent holding that the respondent has inherited the land in question and is entitled to receive compensation.

(2.) THE facts of the case lie in a narrow compass: The land in question comprised within Khata Nos. 402, 404 and 409 in village Maharo appertaining to Jamabandi No.28 owned by one Baijo Das in whose name it has been recorded in the Gantzer settlement. The entire land was acquired under the provisions of Land Acquisition Act and award was prepared by the District Land Acquisition officer in favour of the respondent in Land Acquisition Case No. 24/2001 -02. The respondent Barnwas Das sought reference under Section 30 of the Land Acquisition Act alleging that he being the adopted son is entitled to the compensation amount. Consequently, the dispute was refereed by the Land Acquisition officer to the Land Acquisition Judge under Section 30 of the Land Acquisition Act.

(3.) WHILE deciding Issue No.(II), the Court recorded a finding that there is no documentary evidence in support of the case of the appellant that Baijo Das had a son Bideshi Das. The Court below relied upon the alleged deed of adoption (Ext. C) and on the basis of that document held that the respondent is entitled to inherit the suit land.