Rule, returnable forthwith. With the consent of the learned counsel for the contesting parties, heard finally.

2. The petitioner (original defendant No.3 in Special Civil Suit No.135 of 2002), has challenged the order dated 11.03.2010, passed by learned Civil Judge, Senior Division, Latur, in Special Darkhast No.06 of 2005 and also judgment and order dated 24.06.2004 passed by 2nd Joint Civil Judge, Senior Division, Latur, in Special Civil Suit No. 135 of 2002.

3. The lands of the respondents were acquired for construction of a percolation tank at village Ramegaon. The petitioner obtained possession of the said land by private negotiations with the respondents on 23.02.1978. The respondents were assured that they would be paid rental compensation. The Government also passed Resolutions dated 01.12.1972, 17.11.1973, 02.08.1997 and 03.01.2004 and made a provision for payment of rental compensation to the land holders, whose lands were acquired by private negotiations. There is no provision in the Land Acquisition Act, 1894 (“the Act of 1894”, for short) for payment of rental compensation. Since the respondents were not paid the rental compensation, they filed the abovenumbere