Sir John Beaumont.-These are two consolidated appeals from the judgment and decree of the High Court of Judicature at Allahabad, dated the 3rd-September, 1940, modifying the judgment and decree of the District Judge of Aligarh dated the 18th August, 1936, which in turn modified the award of the Land Acquisition Officer, Aligarh, dated the 7th November, 1933.

The land to which the first appeal relates consists of twelve bighas and nine biswas, which were held by the appellant as the mutwalli of waqf property. The land to which the second appeal relates consists of one bigha which was the appellant’s personal property. These lands were acquired, together with other adjacent lands belonging to other owners, for the Co-operative Housing Society Ltd., Aligarh, under Government Notification dated 29th May, 1930, and issued under the provisions of the Land Acquisition Act. At that time the whole area held by the appellant was occupied by two tenants, Abdul Karim and Karu.

During the proceedings before the Land Acquisition Officer it was agreed between all the parties before him first, that in order to ascertain the market value of the land concerned all the sale deeds relating to the sales

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