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1968 Supreme(All) 415

J. N. TAKRU
L. H. Sugar Factory and Oil Mills – Appellant
Versus
Brij Kishore – Respondent


Advocates appeared:
V. B. Singh and C. S. P. Singh, Advocate, for the Applicant; S. P. Srivastava, Advocate, for the Opposite Parties

JUDGMENT

Takru, J. - This revision by Messrs. L. H. Sugar Factory and Oil Mills Private Ltd., Kashipur is directed against the order of the learned Addl. District Judge, Nainital, dated the 12th February, 1966, ordering that the written-statement filed by the applicant shall be placed on the record but shall 'not be taken into account in the matter of settlement of issues'.

2. It appears that 1.80 acres of land, with the buildings and trees standing thereon, belonging to the opposite parties, situate in village Kharakpur Devipura, Pargana and tahsil Kashipur, district Nainital was acquired for the applicant under the Land Acquisition Act-hereinafter called the Act-and the opposite parties were awarded a total compensation of Rs. 8272.65 p. for the same. 'The opposite parties feeling dissatisfied with the award asked for a reference under Section 18 of the Act. Notices of the reference were issued by the District Judge to the Collector of Nainital and the applicant, and they were required to file their written-statements. Both the Collector and the applicant filed written-statement. However on the date fixed for the framing of issues i.e. the 12th February, 1966, the learned Addl. Di

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