By the Court.—Heard Sri Anil Sharma, Advocate assisted by Sri Ashok Tripathi, learned counsel for appellant and learned Standing Counsel as well as Sri Sanjay Kumar Om, Advocate for respondents.

2. This appeal under Section 54 of Land Acquisition Act, 1894 (hereinafter referred to as “Act, 1894”) has arisen from judgment and award dated 16.12.2000 passed by Sri V.C. Gupta, IXth Additional District Judge, Agra in Land Acquisition Case No. 4 of 1988.

3. Appellant was non-suited by Reference Court only on the ground that he is a subsequent transferee by way of sale-deed dated 18.12.1987 which was executed after Special Land Acquisition Officer (hereinafter referred to as “SLAO”) made award dated 10.12.1987 determining compensation and, therefore, sale-deed is nothing but transfer of a right to sue and not property, barred by Section 6(e) of Transfer of Property Act, 1882 (hereinafter referred to as “Act, 1882”) hence reference at the instance of subsequent transferee for enhancement of compensation is not maintainable.

4. Point for determination which has arisen in this appeal is, “whether Reference Court was correct and justified in rejecting reference on the ground that appl