Rank trespassers have no interest in the land and are not entitled to compensation for acquisition of the land.

( 1 ) THIS Regular First Appeal under Section 54 of the Land Acquisition Act has been filed against judgment and award of the Court dated 1st April 1985 on a reference under Section 30/31 of the Land Acquisition Act apportioning compensation in the ratio of 40:60 between the recorded Bhumidhar and the occupant.

( 2 ) BRIEF facts giving rise to this appeal are as under:

2. 1 Land bearing khasra No. 249/2 measuring 19 bigha 7 biswas situated in village Dheerpur, Delhi was acquired under Notification dated 19th March 1981. 2. 2 Mr. Tule Ram, appellant claimed that he was Bhumidhar of the land and that he was in possession of the land-even during 1978-79 and 1979-80 and filed khasra Girdavari Ex. IP1/1 and IP1/2. He disputed khasra girdavri in favour of the respondents Suraj Narain and Balesh Chand, respondents (IP 2 and 3 ). He claimed that the respondents never cultivated the land nor any cultivation was possible on the land measuring 18 bighas 10 biswas, since it was the shape of pits and only one bigha land was under cultivation. The respondents manipulated Khasra Girdawari for the period from 7. 9. 1980 to 22. 2. 1981 with the connivance of revenue officials although they were never in possession. Even if one supposes that entries were genuine, in favour of the respondents, it would not create any right, title or interest under Delhi Land Reforms Act. He claims he was himself cultivating one bigha cultivable land. He further claimed that the claimant was entitled to the entire compensation and it could not have been apportioned with respondents (IP2 and 3 ). 2. 3 On the other hand, respondents (IP2 and 3) claimed to be in cultivatory possession of the land for about 10 years on and prior to the date of the notification. They disputed khasra girdavris produced by IP1 (appellant ). They also claimed that since they had remained in possession for the last more than three years, they had become Bhumidhars. 2. 4 Learned Additional District Judge on the pleadings of the parties framed following issues: 1. Whether IP No. 2 and 3 were in possession of the land, if so, to what effect? 2. What amount of compensation each party is entitled? - 3. Relief. 2. 5 The learned Reference Court just gave following finding without discussing the evidence on record: ". . . at the time of acquisition IP 2 and 3 were in possession of the property but they were not in possession for more than 3 years. They had not become bhumidhars but they were in possession. So I award them 60% of compensation and 40% compensation to IP1. . . ".

( 3 ) HAVING heard the learned counsel for the parties at length, following points arise for decision:

I) Whether respondents were in possession/occupation of entire land or only a part of it i. e. one bigha land? If so, its effect? ii) Whether respondents were in possession as Bhumidhars on the date of acquisition? iii) If the respondents had not acquired bhumidari rights, whether they were rank trespassers? If so, its effect?

( 4 )

4. 1. In so far as the first point of possession/occupation is concerned, Suraj Narain, respondent stated that he and Balesh Chand were in possession of the land for the last 7-8 years before its acquisition. In the year 1980, possession of this land was taken from them at the time of acquisition. He produced Khasra Girdawari Form (Ex. P-1 ). From his cross-examination, it is apparent that Suraj Narain could neither remember Khasra number nor the date when the Collector took the possession of the land. He admitted that some land of Tule Ram was acquired before acquisition but he did not know the area of that land. 4. 2. Tule Ram stated that he was Bhumidhar and was in possession before and till the acquisition of the land. He produced Khasra Girdawari IP-1/1 to IP-1/5 and on his behalf Khasra Girdawari Public Witness-6 and Public Witness-7 were also produced.

( 5 ) THERE is no dispute between the parties that name of Tule Ram is recorded as Bhumidhar even in Ex. P-1 and P-2. It is also