In a land acquisition proceeding, the interpretation of sale deeds and assessment of evidence of possession are crucial factors in determining the entitlement to compensation among competing claimants.

M.P.Varma, J.

1. This appeal arises out of an award given by the Second Additional Judicial Commissioner of Chotanagpur at Ranchi in Land Acquisition Reference No. 300 of 1963, made to him under the provisions of Sec.30 of the Land Acquisition Act.

2. The short facts of the case are as follows: In village Bhusur, Police-station Ranchi, the Government acquired 380,92 acres of lands for Hatia township. Declaration No. 714 dated the 20th January, 1960 was published in the Bihar Gazette (Extraordinary) of the 21st January, 1960. In the present case, we are concerned with only 1.82 acres comprised within plot No. 520 of khata No. 17 (Tanr II land). When the Collector made his award in this case and fixed the amount of compensation at Rs. 11,553.36 paise, two claimants appeared before him to claim the compensation money. The first party was Chapru Munda, who later on died and was substituted by his two grandsons Bhadar Munda and Jainath Munda, through their guardian Jisting Munda a brother of Chapru Munda, who are the appellants in this case; and second party was Dhuchuwa Oraon, who is the respondent here.

The case of Dhuchuwa Oraon was that he had purchased this plot from Lodo Munda by virtue of a registered sale deed dated the 4th January, 1943 and since that date he was coming in possession of this land, and he paid rent to the State of Bihar after his name was mutated. Before that, he used to pay rent of Rs. 1-8-0 to Lodo Munda who used to grant him receipts. According to him, Chapru Munda or his heirs had no concern with the land in question. It was, therefore, submitted on his behalf that he was entitled to receive the entire compensation money which was to be paid for this acquisition.

3. On behalf of Jisting Munda it was asserted that he had purchased the eastern half of this plot (p. 92 acre) from Lodo Munda under a registered sale deed dated the 8th April, 1942 and had paid Rs. 100.00 as consideration for the same. Later on, his elder brother, Chapru Munda, purchased the remaining half from the said Lodo Munda under a registered sale deed dated the 26th January, 1945, Therefore, both these brothers held the entire plot since the time of their purchase. Jisting Munda was all along in Government service at Patna Secretariat and, in his absence. Chapru Munda used to look after the affairs. He, therefore, claimed the entire compensation money.

4. Before the learned Additional Judicial Commissioner, both parties filed their deeds of title and six witnesses were examined on behalf of Jisting Munda and eight witnesses were examined on behalf of Dhuchuwa Oraon. The learned. Additional Judicial Commissioner after a consideration of the evidence before him, came to the conclusion that Dhuchuwa Oraon was the competent person to receive the entire compensation money. Against this order, the present appeal has been filed.

5. Mr. A.K. Chatterjee, learned Counsel for the appellants, has argued that the learned Additional Judicial Commissioner had failed to take into consideration the various registered sale deeds which had been produced on behalf of the parties, and. therefore, he came to a wrong conclusion because of the non-consideration of those sale deeds. He further argued that it was not a proceeding under Sec.145 of the Code of Criminal Procedure that only the question of possession would be relevant. In the present case it has to be seen that there are three registered sale deeds, all executed by Lodo Munda on various dates.

The earliest document is Ext. 1/a dated the 8th April, 1942, by which Lodo transferred 0.92 acre of plot No. 520, along with another plot, to Jisting Munda for a sum of Rs. 100/-. So far as this plot is concerned, it was indicated in the sale deed that it was the half area towards the east. The second sale deed in point of time is Ext. B, dated the 4th January, 1943, by which Lodo transferred the entire area of this plot, namely, 1.84 acre, to Dhuchuwa Oraon for a sum of Rs. 73/- only. The third docum