Judgement

Consolidated Appeals (No. 75 of 1944) from a judgment and decree of the High Court (September 3, 1940) which modified a judgment and decree of the District Judge of Aligarh (August 18, 1936) which in turn had modified an award of the land acquisition officer, Aligarh (November 7, 1933).

The following facts are taken from the judgment of the Judicial Committee. The land to which the first appeal relates consisted of twelve bighas and nine biswas, which were held by the appellant as the mutawalli of waqf property. The land to which the second appeal relates consisted of one bigha which was the appellants personal property. These lands were acquired, together with other adjacent lands belonging to other owners, for the Co-operative Housing Society, Ld., Aligarh, under Government Notification dated May 29, 1930, and issued under the provisions of the Land Acquisition Act. At that time the whole area held by the appellant was occupied by two tenants, Abdul Karim and Karu.

During the proceedings before the land acquisition officer it was agreed between all the parties before him first, that in order to ascertain the market value of the land concerned all the sale deeds relating