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1959 Supreme(Bom) 39

SHELAT
Special Land Acquisition Officer, Bombay – Appellant
Versus
Lakhamsi Ghelabhai – Respondent


Advocates:
M. P. Laud, for Claimant; H. M. Seervai, with J. M. Thakore, for Spl. Land Acquisition Officer.

Judgement

JUDGMENT :- The question raised by Mr. Laud is one of importance under the Evidence Act. Mr. Laud urged that the judgment in L. A. Reference Nos. 2, 3 and 4 of 1949 decided by Mr. Justice Tendolkar on 6th July 1953 relating to plots Nos. 66 to 69 situate near the land concerned in this Reference is admissible as evidence to establish (i) the value of those plots and (ii) to regard those plots as Instances and to deduce from the value thereof as determined by Mr. Justice Tendolkar the market value of the plot in question. The learned Advocate General has objected to that judgment being admitted as evidence on the ground that it is not relevant under any of the provisions of the Evidence Act. The question has been argued at considerable length and it being one on which there is hardly any reported precedent, both sides have requested me to give reasons for my decision.

2. Now the parties concerned in those References were different except that one side in all these References is always the Land Acquisition Officer representing Government. The acquisition of those lands took place in January 1946 which was the date as of which the value of those lands had to be ascertained whe

























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