JUDGMENT

UNTWALIA, J.:— This is an appeal by special leave arising out of a land acquisition proceeding. The land measuring 28 bighas and 18 biswas situated within the Municipal limits of the town of Muzaffarnagar in the State of Uttar Pradesh was sought to be acquired by a notification issued on the 25th November, 1948 under S. 4 of the Land Acquisition Act. The land was needed for the Muzaffarnagar Housing Co-operative Society. Out of the acquired area of the land a portion measuring 1 bigha and 4 biswas belonged to one Uggra Sen; the rest belonged to appellant Deep Chand. The total area belonging to the said appellant (hereinafter in this judgment he alone will be referred to as the appellant) was 67.872 sq. yards. Out of this, land measuring 61.012 sq. yards was in possession of the tenants and the balance 6.860 sq. yards was in khas possession of the appellant. The appellant in the year 1942 pursuant to an agreement of sale executed by his vendor had purchased the land @ 2 annas per sq. yard. But there was a lot of litigation between the parties as a subsequent purchaser came into the scene and ultimately the appellant succeeded in this Court in getting the land after a lot of expenses. The Collectors award determined the compensation payable at 2 annas per sq. yard. References were asked for by the appellant, the tenants as also by the said Uggra Sen. Uggra Sen had purchased his land by sale deed dated May 15, 1946 Ext. 7 @ Rs. 1/6/- per sq. yard. In his references the district Judge allowed him compensation at the said rate and since the amount involved in his case was small, he did not go up in appeal to the High Court. The learned District Judge of Muzaffarnagar who decided the references fixed 6 annas per sq. yard as the value of the appellants land both in his khas possession and in possession of his tenants. The value of 61.012 sq. yards of tenants, land at the said rate came to Rs. 22,869/8/- and the share of appellant Deep Chand @ 10 annas in a rupee was fixed at Rs. 14,299/11/- and that of the tenants at 6 annas in a rupee came to Rs. 8,579/13/-. The value of 6,860 sq. yards of Khudkasht of the appellant at 6 annas per sq. yard came to Rs. 2,572/8/. Thus the total value to which the appellant was held entitled came to Rs. 16,872/3/-. Adding 15% to this amount the total amount payable to Deep Chand came to Rs. 19,403/-. Deducting the amount already awarded by the collector the balance payable under the judgment of the District Judge came to Rs. 9,525/7/-. It was directed that he was entitled to get interest @ 6% per annum from the date of his dispossession i.e. 1st May, 1951 to the date of payment.

2. An appeal was taken to the High Court from the decision of the District Judge. Although the appellant had claimed in the reference the value of the land @ Rs. 6 per sq. yard, in appeal the total extra claim was limited to Rupees 1,25,000/- over and above the sum of Rs. 19,403/- determined by the District Judge as the sum payable to the appellant. In other words, roughly speaking, in the High Court the appellant confined his claim as regards the value of the land to Rs. 2/12/- per sq. yard claiming the full amount for his Khudkasht land and 10 annas in a rupee in respect of the tenants land. On that basis adding 15% the total claim came to Rs. 1,44,403/- thus the value of the appeal was confined to Rs. 1,25,000/- only.

3. The High Court has dismissed the appeal of the appellant in toto. In our opinion it was a fit case where the appeal ought to have been substantially allowed and by committing obvious error in appreciation of the legal position and the facts and circumstances of the case the High Court maintained the valuation fixed by the District Judge.

4. The site plan which is a part of the record of the case shows that the land in question is situated to the North of Bhopa Bijnor Road and to the East of the Railway line which runs North to South crossing the said road at a point which is near Plot No. 110 to its W