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1957 Supreme(All) 40

DESAI
PHUL KUMARI – Appellant
Versus
STATE – Respondent


Advocates Appeared:
SHANTI BHUSHAN, V.P.MISRA

DESAI, J.

( 1 ) THIS is an application under Section 115, C. P. C. , for revision of an order passed by a compensation officer under the Zamindari Abolition and Land Reforms Act (No. I of 1951 ). The applicant is the intermediary, who is entitled to compensation for the loss of her proprietary rights. The compensation payable to her is being assessed by the compensation officer, who prepared a draft compensation assessment roll. The applicant filed an objection against it on two grounds one of which was that the rental value had been under-estimated. One of her tenants is the opposite-party No. 2, the Upper Ganges Sugar Mills Limited. The dispute before the compensation officer was at what rent the land let out to the opposite-party should be assessed. It has obtained a Sanad for bhumidhari rights. The applicant informed the compensation officer that she had applied to Government for cancellation of its Sanad and her application was pending. Thereupon the compensation officer suo motu impleaded it as a party in the compensation proceedings. A notice was issued to the opposite-party which appeared and objected to its being impleaded contending that it had no concern with the amount






















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