Sanjay Kishan Kaul, J.

( 1 ) THE appellant was the owner of land measuring 20 bighas 7 biswas situated in the revenue estate of Village Baharpur, Near kalkaji, New Delhi. The land was originally owned by the father of appellant and recorded in the Jamabandi in the year 1949-50. The mutation was sanctioned in favour of the appellant on 20. 9. 1973.

( 2 ) OUT of the aforesaid land, 18 bighas 4 biswas of land was acquired in pursuance to the proceedings under the Land Acquisition Act, 1894 (hereinafter to be referred to as, the said Act ) and the Award was made by the Land acquisition Collector on 25. 6. 1979.

( 3 ) A dispute arose about the disbursement of compensatior in view of the claim raised by the respondent who alleged that he was in possession of the land in question and was quarrying stones from the land. A part of the stones extracted from the quarry were stated to be lying at site. This was naturally disputed by the appellant.

( 4 ) IT may be noticed that the original claim of the respondent was based on being in quarry possession as a Bhumidar under The Delhi Land Reforms act, 1954, but this claim was subsequently amended to that of a non-occupancy tenantunder the provi

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