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1965 Supreme(Bom) 128

N.A.MODY
Special Land Acquisition Officer (1) Bombay and Bombay Suburban District – Appellant
Versus
Natverlal Jamnadas Muni – Respondent


JUDGMENT - (1) This is a Reference under the Land Acquisition Act under Sections 18 and 31 (2). It concerns an immoveable property situated at Khetwadi, 12th Lane, Bombay. One Jamnadas Vanmalidas Muni was the owner of that property during his life time. The Notifications under Sections 4 and 6 of the Act were issued on 20th April 1957 and 23rd June 1958 respectively. On the 29th of September 1958 Notices under Sections 9 and 10th of the Act were served on Jamnadas. On the 21st of October 1959 Jamnadas died. On the evidence before me I am satisfied, firstly, that he left no will and, secondly, that he died a widower, leaving only one child, being a son, Natverlal, who has given evidence before me. About a month and a half later, on the 10th of December 1959, the S. L. A. O. made his award. Under the award, he has declared that the amount of compensation awarded by him should be paid to Jamnadas. It is an obvious conclusion that when the S. L. A. O. made that award Jamnadas death had not been brought to his notice. On the 16th of December 1959 Notice of the Award was issued, but even that Notice was issued in the name of Jamnadas. The Notice was, however, served on Natverlal. Immedia













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