JUDGMENT - Deshmukh, J.

1. This appeal raises a question of some importance relating to the apportionment of compensation on compulsory acquisition of land between the intending vendor and the intending vendee whose contract has been frustrated by the act of acquisition by the State.

2.The facts of this litigation are not in dispute except for the amount which has flowed from the purchaser to the buyer. We will give appropriate direction in respect of that dispute in due course. The undisputed position is that claimant No. 1 Mohammad Akil Khan was the owner of S. No. 4 measuring 34 Acres 35 Gunthas situate at village Garkheda in Aurangabad. He executed an agreement of sale relating to 30 acres out of this land in favour of claimant No. 2 Premraj Jawanmal Surna, who is respondent No. 1 in the present appeal. Under this agreement of sale, Ex. 57, admittedly Rs. 10,000/- have been received by the vendor - claimant No. 1. Under the contract the price fixed was Rupees 4,000/- per acre totalling upto Rupees 1,20,000/- for the 30 acres agreed to be sold. The balance amount of Rs. 1,10,000/- was to be paid at the time of the execution of the sale - deed. It is the case of claimant No. 2 that

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