Hon’ble Sudhir Agarwal, J.—This appeal under Section 381 of U.P. Nagar Mahapalika Adhiniyam, 1959 (hereinafter referred to as ‘Act, 1959’) has arisen from judgment and award dated 2.4.1971 passed by Sri Hira Lal Kapoor, District Judge/Chairman, Nagar Mahapalika Tribunal, Agra (hereinafter referred to as ‘’Tribunal’) in Land Acquisition Case (hereinafter referred to as ‘LAR’) No. 95 of 1961 whereby it has allowed a total compensation against acquired land, to respondents 3, 4 and 5 at Rs. 65,891.25/- and to appellants who were tenants, at Rs. 22,572.88/-. The aforesaid amount comes after deduction of amount already awarded by Land Acquisition Officer (hereinafter referred to as ‘LAO’).

2. Dispute relates to acquisition of 12 bigha 3 biswa land situated in Village Surajpur which include plot No. 378 area 15 biswa; 399 area 5 biswa and 384, 385, 386, 387, 388, 394, 396, 397, 398, total area 6 bigha 15 biswa (20418.75 square yards).

3. In 1953, there was Town Improvement Trust at Agra governed by U.P. Town Improvement Act, 1919 (hereinafter referred to as “Act, 1919”). For acquisition of land as aforesaid, a notification under Section 36 of Act, 1919, (pari materia to Section 4 of Land Acquisition Act, 1894) (hereinafter referred to as “Act, 1894”) was issued and published on 13/20/27.6.1953. Declaration under Section 42 of Act, 1919 (pari materia to Section 6 of Act, 1894) was published on 13th September, 1955. Most land was agricultural but some part of plots No. 378 and 399 was lying barren (Banjar). The aforesaid land was sought to be acquired for development of Raja Mandi Railway Station at Agra.

4. Claimants-Appellants are concerned with Plots No. 384 to 388, 394 and 396 to 398, area 20418.75 square yards (6 bigha 15 biswa). They are tenants in possession of said land and claimed compensation at the rate of Rs. 8/- per square yard. Appellants pleaded that only a very small area of 2756.25 square yards of plots No. 378 and 399 was in exclusive possession of respondents 3 to 5 and rest is with them. Appellants also pleaded that there existed some fruits bearing trees etc for which also compensation was to be determined.

5. LAO awarded compensation at the rate of Rs. 1/- per square yard, Rs. 262/- towards cost of trees and in respect of house existed over some part of land, Rs. 1500/- was awarded as compensation. Dissatisfied with award of LAO, appellants moved application under Section 18 of Act, 1894 seeking a reference to Tribunal to determine market value of acquired land for the purpose of compensation. Tribunal formulated following six issues :

“(i) Is the compensation awarded to the claimant inadequate? If so, to what compensation are the claimants entitled?

(ii) Whether there were 200 Papita trees on the land in question? If so, what compensation are the claimants entitled for the Papita plants ?

(iii) What was the valuation of the house which was standing on the land at the time of notification?

(iv) Were the claimants wrongly dispossessed from the land? If so, are they entitled to any compensation on that account?

(v) Whether opposite parties 2 to 4 are entitled to any apportionment? If so, in what proportion?

(vi) To what relief, if any, are the claimants entitled?

6. Appellants relied on the following documentary evidence :

(i) Sale-deed dated 28.6.1948 executed by Sri Pyare Lal in favour of Sri Chet Ram and others transferring 132 square yards land situated at Alamganj, Agra at the rate of Rs. 10/- per square yard (Paper No. 44-C).

(ii) Sale-deed dated 20.9.1951 executed by Sri Hari Singh and another in favour of Sri Vidya Ram and another transferring 55 square yard land situated at Ghera Safdar Khan, Jatpura, Lohamandi, Agra at the rate of Rs. 6.50/- per square yard (Paper No. 45-C).

(iii) Sale-deed dated 31.7.1948 executed by Sri Basant Lal and others in favour of Sri Kunwar Sukhbir Singh transferring land measuring 6414 square yards situated at Mauza, Surjepur at the rate of Rs. 5.50/- per square yard (P