RAJENDRA NATH MITTAL
Jog Raj – Appellant
Versus
Banarsi Dass – Respondent
1. This judgment will dispose of E. F. A. Nos. 64, 86 to 92 and 101 of 1975 and 145 of 1976. The facts in the judgment are being given from E. F. A. No. 64 of 1975.
2. Briefly the facts of the case are that Ram Chander, since deceased (now represented by Jog Raj and Prithvi Raj, his sons) was the owner of the land in dispute which was on perpetual lease with Banarsi Dass, respondent No. 1. The land was acquired under the Land Acquisition Act (hereinafter referred to as the Act). Banarsi Dass, tenant, claimed apportionment of the amount of compensation. The Collector, in spite of the claim of the tenant, paid the amount of compensation assessed by him to the landlord. The landlord, dissatisfied with the amount of compensation, filed an application u/s. 18 of the Act, for referring the matter to the Court. The tenant also filed a similar application for enhancement of the compensation and apportionment of the amount.
3. The Collector referred both the applications to the District Judge, Gurgaon, for deciding the matter. The District Judge, vide order dated 21.01.1974, enhanced the amount of compensation and simultaneously held that the landlord was entitled to capitalised val
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