JUDGMENT :

Ashok Bhushan, J.

Leave granted.

2. This appeal has been filed by Nagpur Improvement Trust, challenging the judgment dated 14.03.2017 of High Court of Judicature Bombay at Nagpur in Second Appeal No. 122 of 2015, by which judgment the Second Appeal filed by the respondent has been allowed by setting aside the judgment of lower appellate court and restoring the judgment of trial court decreeing the suit.

3. Brief facts of the case necessary to be noted for deciding this appeal are:-

The Nagpur Improvement Trust, the appellant has been constituted under the Nagpur Improvement Trust Act, 1936. For the purposes of Drainage and Sewerage Scheme Part-II, notification under Section 39 of the Nagpur Improvement Trust Act, 1936 was issued on 27.11.1953 for acquiring 44.61 acres of land of the respondent. An award was passed on 31.12.1962 determining the compensation of Rs.23,500/- on the basis of compromise, which compensation amount was paid to the respondent and possession was taken over by the appellant of the land. On taking up the possession, the land vested in the appellant, which became the absolute owner. A statutory rule namely, Nagpur Improvement Trust Land Disposal Rules, 19